Texas 2023 - 88th Regular

Texas House Bill HB2995 Compare Versions

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1	1	88R8470 JSC-D
2	2	By: Raymond H.B. No. 2995
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prescribing of medical cannabis for medical use to
8	8	certain veterans with combat-related injuries or medical
9	9	conditions and the licensing of dispensing organizations under the
10	10	Texas Compassionate Use Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. CHANGES TO CHAPTER 169, OCCUPATIONS CODE
13	13	SECTION 1.01. The heading to Chapter 169, Occupations Code,
14	14	is amended to read as follows:
15	15	CHAPTER 169. AUTHORITY TO PRESCRIBE LOW-THC CANNABIS OR MEDICAL
16	16	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
17	17	SECTION 1.02. Section 169.001, Occupations Code, is amended
18	18	by adding Subdivisions (3-a) and (6) and amending Subdivision (4)
19	19	to read as follows:
20	20	(3-a) "Medical cannabis" means the plant Cannabis
21	21	sativa L., and any part of that plant or any compound, manufacture,
22	22	salt, derivative, mixture, preparation, resin, or oil of that plant
23	23	that contains more than one percent by weight of
24	24	tetrahydrocannabinols.
25	25	(4) "Medical use" means the ingestion [by a means of
26	26	administration other than by smoking] of a prescribed amount of
27	27	low-THC cannabis or medical cannabis by a person for whom low-THC
28	28	cannabis or medical cannabis is prescribed under this chapter.
29	29	(6) "Veteran" means a person who has served in:
30	30	(A) the army, navy, air force, space force, coast
31	31	guard, or marine corps of the United States; or
32	32	(B) the Texas Army National Guard or the Texas
33	33	Air National Guard.
34	34	SECTION 1.03. Section 169.0011, Occupations Code, is
35	35	amended to read as follows:
36	36	Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
37	37	in this chapter, Chapter 487, Health and Safety Code, or other law
38	38	to a prescription for medical use or a prescription for low-THC
39	39	cannabis or medical cannabis means an entry in the
40	40	compassionate-use registry established under Section 487.054,
41	41	Health and Safety Code.
42	42	SECTION 1.04. The heading to Section 169.002, Occupations
43	43	Code, is amended to read as follows:
44	44	Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC
45	45	CANNABIS OR MEDICAL CANNABIS TO PATIENTS WITH CERTAIN MEDICAL
46	46	CONDITIONS.
47	47	SECTION 1.05. Sections 169.002(a) and (b), Occupations
48	48	Code, are amended to read as follows:
49	49	(a) Only a physician qualified with respect to a patient's
50	50	particular medical condition as provided by this section may
51	51	prescribe low-THC cannabis or medical cannabis, as applicable, in
52	52	accordance with this chapter to treat the applicable medical
53	53	condition.
54	54	(b) A physician is qualified to prescribe low-THC cannabis
55	55	or medical cannabis with respect to a patient's particular medical
56	56	condition if the physician:
57	57	(1) is licensed under this subtitle;
58	58	(2) is board certified in a medical specialty relevant
59	59	to the treatment of the patient's particular medical condition by a
60	60	specialty board approved by the American Board of Medical
61	61	Specialties or the Bureau of Osteopathic Specialists; and
62	62	(3) dedicates a significant portion of clinical
63	63	practice to the evaluation and treatment of the patient's
64	64	particular medical condition.
65	65	SECTION 1.06. Section 169.003, Occupations Code, is amended
66	66	to read as follows:
67	67	Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS OR MEDICAL
68	68	CANNABIS. (a) A physician described by Section 169.002 may
69	69	prescribe low-THC cannabis to a patient if:
70	70	(1) the patient is a permanent resident of the state;
71	71	(2) the physician complies with the registration
72	72	requirements of Section 169.004; and
73	73	(3) the physician certifies to the department that:
74	74	(A) the patient is diagnosed with:
75	75	(i) epilepsy;
76	76	(ii) a seizure disorder;
77	77	(iii) multiple sclerosis;
78	78	(iv) spasticity;
79	79	(v) amyotrophic lateral sclerosis;
80	80	(vi) autism;
81	81	(vii) cancer;
82	82	(viii) an incurable neurodegenerative
83	83	disease;
84	84	(ix) post-traumatic stress disorder; or
85	85	(x) a medical condition that is approved
86	86	for a research program under Subchapter F, Chapter 487, Health and
87	87	Safety Code, and for which the patient is receiving treatment under
88	88	that program; and
89	89	(B) the physician determines the risk of the
90	90	medical use of low-THC cannabis by the patient is reasonable in
91	91	light of the potential benefit for the patient.
92	92	(b) A physician described by Section 169.002 may prescribe
93	93	medical cannabis to a patient who is a veteran if:
94	94	(1) the patient is a permanent resident of the state;
95	95	(2) the physician complies with the registration
96	96	requirements of Section 169.004; and
97	97	(3) the physician certifies to the department that:
98	98	(A) the patient is diagnosed with:
99	99	(i) post-traumatic stress disorder
100	100	resulting from combat engaged in during the patient's military
101	101	service; or
102	102	(ii) a physical injury or serious health
103	103	condition resulting from combat engaged in during the patient's
104	104	military service; and
105	105	(B) the physician determines the risk of the
106	106	medical use of medical cannabis by the patient is reasonable in
107	107	light of the potential benefit for the patient.
108	108	SECTION 1.07. The heading to Section 169.004, Occupations
109	109	Code, is amended to read as follows:
110	110	Sec. 169.004. [LOW-THC CANNABIS] PRESCRIBER REGISTRATION.
111	111	SECTION 1.08. Section 169.004(a), Occupations Code, is
112	112	amended to read as follows:
113	113	(a) Before a physician qualified to prescribe low-THC
114	114	cannabis or medical cannabis under Section 169.002 may prescribe or
115	115	renew a prescription for low-THC cannabis or medical cannabis for a
116	116	patient under this chapter, the physician must register as the
117	117	prescriber for that patient in the compassionate-use registry
118	118	maintained by the department under Section 487.054, Health and
119	119	Safety Code. The physician's registration must indicate:
120	120	(1) the physician's name;
121	121	(2) the patient's name and date of birth;
122	122	(3) whether the patient is prescribed low-THC cannabis
123	123	or medical cannabis and the dosage prescribed to the patient,
124	124	including the appropriate concentration of tetrahydrocannabinol in
125	125	medical cannabis, as applicable;
126	126	(4) the means of administration ordered for the
127	127	patient; and
128	128	(5) the total amount of low-THC cannabis or medical
129	129	cannabis with the appropriate concentration of
130	130	tetrahydrocannabinol in medical cannabis, as applicable, required
131	131	to fill the patient's prescription.
132	132	SECTION 1.09. Section 169.005, Occupations Code, is amended
133	133	to read as follows:
134	134	Sec. 169.005. PATIENT TREATMENT PLAN. (a) A physician
135	135	described by Section 169.002 who prescribes low-THC cannabis for a
136	136	patient's medical use under this chapter must maintain a patient
137	137	treatment plan that indicates:
138	138	(1) the dosage, means of administration, and planned
139	139	duration of treatment for the low-THC cannabis;
140	140	(2) a plan for monitoring the patient's symptoms; and
141	141	(3) a plan for monitoring indicators of tolerance or
142	142	reaction to low-THC cannabis.
143	143	(b) A physician described by Section 169.002 who prescribes
144	144	medical cannabis for a patient's medical use under this chapter
145	145	must maintain a patient treatment plan that indicates:
146	146	(1) the dosage, concentration of
147	147	tetrahydrocannabinol, means of administration, and planned
148	148	duration of treatment for the medical cannabis;
149	149	(2) a plan for monitoring the patient's symptoms; and
150	150	(3) a plan for monitoring indicators of tolerance or
151	151	reaction to medical cannabis.
152	152	(c) Notwithstanding any other provision of this chapter, a
153	153	physician described by Section 169.002 may authorize
154	154	administration by smoking, in addition to other means of
155	155	administration, only for a patient who is a veteran described by
156	156	Section 169.003(b).
157	157	ARTICLE 2. CHANGES TO CHAPTER 487, HEALTH AND SAFETY CODE
158	158	SECTION 2.01. Sections 487.001(3) and (4), Health and
159	159	Safety Code, are amended to read as follows:
160	160	(3) "Dispensing organization" means an organization
161	161	licensed by the department to cultivate and [,] process low-THC
162	162	cannabis and medical cannabis, and to dispense low-THC cannabis or
163	163	medical cannabis to a patient for whom low-THC cannabis or medical
164	164	cannabis is prescribed under Chapter 169, Occupations Code.
165	165	(4) "Low-THC cannabis" and "medical cannabis" have
166	166	[has] the meanings [meaning] assigned by Section 169.001,
167	167	Occupations Code.
168	168	SECTION 2.02. Section 487.054, Health and Safety Code, is
169	169	amended to read as follows:
170	170	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
171	171	department shall establish and maintain a secure online
172	172	compassionate-use registry that contains:
173	173	(1) the name of each physician who registers as the
174	174	prescriber for a patient under Section 169.004, Occupations Code,
175	175	and for each patient for whom the physician has registered as the
176	176	prescriber:
177	177	(A) the patient's name;
178	178	(B) the patient's [and] date of birth;
179	179	(C) whether low-THC cannabis or medical cannabis
180	180	is prescribed and [of the patient,] the dosage prescribed,
181	181	including the appropriate concentration of tetrahydrocannabinol in
182	182	medical cannabis, as applicable;
183	183	(D) [,] the means of administration ordered; [,]
184	184	and
185	185	(E) the total amount of low-THC cannabis or
186	186	medical cannabis with the appropriate concentration of
187	187	tetrahydrocannabinol in medical cannabis, as applicable, required
188	188	to fill the patient's prescription; and
189	189	(2) a record of each amount of low-THC cannabis or
190	190	medical cannabis and the concentration of tetrahydrocannabinol in
191	191	medical cannabis, as applicable, dispensed by a dispensing
192	192	organization to a patient under a prescription.
193	193	(b) The department shall ensure the registry:
194	194	(1) is designed to prevent more than one qualified
195	195	physician from registering as the prescriber for a single patient;
196	196	(2) is accessible to law enforcement agencies and
197	197	dispensing organizations for the purpose of verifying whether a
198	198	patient is one for whom low-THC cannabis or medical cannabis is
199	199	prescribed and whether the patient's prescriptions have been
200	200	filled; and
201	201	(3) allows a physician qualified to prescribe low-THC
202	202	cannabis or medical cannabis under Section 169.002, Occupations
203	203	Code, to input safety and efficacy data derived from the treatment
204	204	of patients for whom low-THC cannabis or medical cannabis is
205	205	prescribed under Chapter 169, Occupations Code.
206	206	SECTION 2.03. Section 487.102, Health and Safety Code, is
207	207	amended to read as follows:
208	208	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
209	209	license to operate as a dispensing organization is eligible for the
210	210	license if:
211	211	(1) as determined by the department, the applicant
212	212	possesses:
213	213	(A) the technical and technological ability to
214	214	cultivate and produce low-THC cannabis or medical cannabis;
215	215	(B) the ability to secure:
216	216	(i) the resources and personnel necessary
217	217	to operate as a dispensing organization; and
218	218	(ii) premises reasonably located to allow
219	219	patients listed on the compassionate-use registry access to the
220	220	organization through existing infrastructure;
221	221	(C) the ability to maintain accountability for
222	222	the raw materials, the finished product, and any by-products used
223	223	or produced in the cultivation or production of low-THC cannabis or
224	224	medical cannabis to prevent unlawful access to or unlawful
225	225	diversion or possession of those materials, products, or
226	226	by-products; and
227	227	(D) the financial ability to maintain operations
228	228	for not less than two years from the date of application;
229	229	(2) each director, manager, or employee of the
230	230	applicant is registered under Subchapter D; and
231	231	(3) the applicant satisfies any additional criteria
232	232	determined by the director to be necessary to safely implement this
233	233	chapter.
234	234	SECTION 2.04. Section 487.104(a), Health and Safety Code,
235	235	is amended to read as follows:
236	236	(a) The department shall issue or renew a license to operate
237	237	as a dispensing organization only if:
238	238	(1) the department determines the applicant meets the
239	239	eligibility requirements described by Section 487.102; and
240	240	(2) issuance or renewal of the license is necessary to
241	241	ensure reasonable statewide access to, and the availability of,
242	242	low-THC cannabis or medical cannabis for patients registered in the
243	243	compassionate-use registry and for whom low-THC cannabis or medical
244	244	cannabis is prescribed under Chapter 169, Occupations Code.
245	245	SECTION 2.05. Section 487.107, Health and Safety Code, is
246	246	amended to read as follows:
247	247	Sec. 487.107. DUTIES RELATING TO DISPENSING
248	248	PRESCRIPTION. (a) Before dispensing low-THC cannabis or medical
249	249	cannabis to a person for whom the low-THC cannabis or medical
250	250	cannabis is prescribed under Chapter 169, Occupations Code, the
251	251	dispensing organization must verify that the prescription
252	252	presented:
253	253	(1) is for a person listed as a patient in the
254	254	compassionate-use registry;
255	255	(2) matches the entry in the compassionate-use
256	256	registry with respect to the total amount of low-THC cannabis or
257	257	medical cannabis required to fill the prescription; and
258	258	(3) has not previously been filled by a dispensing
259	259	organization as indicated by an entry in the compassionate-use
260	260	registry.
261	261	(b) After dispensing low-THC cannabis or medical cannabis
262	262	to a patient for whom the low-THC cannabis or medical cannabis is
263	263	prescribed under Chapter 169, Occupations Code, the dispensing
264	264	organization shall record in the compassionate-use registry the
265	265	form and quantity of low-THC cannabis or medical cannabis
266	266	dispensed, the concentration of tetrahydrocannabinol in the
267	267	medical cannabis dispensed, as applicable, and the date and time of
268	268	dispensation.
269	269	SECTION 2.06. Section 487.108(c), Health and Safety Code,
270	270	is amended to read as follows:
271	271	(c) After suspending or revoking a license issued under this
272	272	chapter, the director may seize or place under seal all low-THC
273	273	cannabis, medical cannabis, and drug paraphernalia owned or
274	274	possessed by the dispensing organization. If the director orders
275	275	the revocation of the license, a disposition may not be made of the
276	276	seized or sealed low-THC cannabis, medical cannabis, or drug
277	277	paraphernalia until the time for administrative appeal of the order
278	278	has elapsed or until all appeals have been concluded. When a
279	279	revocation order becomes final, all low-THC cannabis, medical
280	280	cannabis, and drug paraphernalia may be forfeited to the state as
281	281	provided under Subchapter E, Chapter 481.
282	282	SECTION 2.07. Section 487.201, Health and Safety Code, is
283	283	amended to read as follows:
284	284	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
285	285	LOW-THC CANNABIS OR MEDICAL CANNABIS. A municipality, county, or
286	286	other political subdivision may not enact, adopt, or enforce a
287	287	rule, ordinance, order, resolution, or other regulation that
288	288	prohibits the cultivation, production, dispensing, or possession
289	289	of low-THC cannabis or medical cannabis, as authorized by this
290	290	chapter.
291	291	ARTICLE 3. CONFORMING CHANGES
292	292	SECTION 3.01. Section 443.202(a), Health and Safety Code,
293	293	is amended to read as follows:
294	294	(a) This section does not apply to low-THC cannabis or
295	295	medical cannabis regulated under Chapter 487.
296	296	SECTION 3.02. Section 443.2025(a), Health and Safety Code,
297	297	is amended to read as follows:
298	298	(a) This section does not apply to low-THC cannabis or
299	299	medical cannabis regulated under Chapter 487.
300	300	SECTION 3.03. Section 481.062(a), Health and Safety Code,
301	301	is amended to read as follows:
302	302	(a) The following persons may possess a controlled
303	303	substance under this chapter without registering with the Federal
304	304	Drug Enforcement Administration:
305	305	(1) an agent or employee of a manufacturer,
306	306	distributor, analyzer, or dispenser of the controlled substance who
307	307	is registered with the Federal Drug Enforcement Administration and
308	308	acting in the usual course of business or employment;
309	309	(2) a common or contract carrier, a warehouseman, or
310	310	an employee of a carrier or warehouseman whose possession of the
311	311	controlled substance is in the usual course of business or
312	312	employment;
313	313	(3) an ultimate user or a person in possession of the
314	314	controlled substance under a lawful order of a practitioner or in
315	315	lawful possession of the controlled substance if it is listed in
316	316	Schedule V;
317	317	(4) an officer or employee of this state, another
318	318	state, a political subdivision of this state or another state, or
319	319	the United States who is lawfully engaged in the enforcement of a
320	320	law relating to a controlled substance or drug or to a customs law
321	321	and authorized to possess the controlled substance in the discharge
322	322	of the person's official duties;
323	323	(5) if the substance is tetrahydrocannabinol or one of
324	324	its derivatives:
325	325	(A) a Department of State Health Services
326	326	official, a medical school researcher, or a research program
327	327	participant possessing the substance as authorized under
328	328	Subchapter G; or
329	329	(B) a practitioner or an ultimate user possessing
330	330	the substance as a participant in a federally approved therapeutic
331	331	research program that the commissioner has reviewed and found, in
332	332	writing, to contain a medically responsible research protocol; or
333	333	(6) a dispensing organization licensed under
334	334	Subchapter C, Chapter 487, that possesses low-THC cannabis or
335	335	medical cannabis.
336	336	SECTION 3.04. Section 481.111(e), Health and Safety Code,
337	337	is amended to read as follows:
338	338	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
339	339	apply to a person who engages in the acquisition, possession,
340	340	production, cultivation, delivery, or disposal of a raw material
341	341	used in or by-product created by the production or cultivation of
342	342	low-THC cannabis or medical cannabis if the person:
343	343	(1) for an offense involving possession only of
344	344	marihuana or drug paraphernalia:
345	345	(A) [,] is a patient for whom low-THC cannabis or
346	346	medical cannabis is prescribed under Chapter 169, Occupations Code,
347	347	or the patient's legal guardian; [,] and
348	348	(B) [the person] possesses low-THC cannabis or
349	349	medical cannabis obtained under a valid prescription from a
350	350	dispensing organization; or
351	351	(2) is a director, manager, or employee of a
352	352	dispensing organization and the person, solely in performing the
353	353	person's regular duties at the organization, acquires, possesses,
354	354	produces, cultivates, dispenses, or disposes of:
355	355	(A) in reasonable quantities, any low-THC
356	356	cannabis or medical cannabis or raw materials used in or
357	357	by-products created by the production or cultivation of low-THC
358	358	cannabis or medical cannabis; or
359	359	(B) any drug paraphernalia used in the
360	360	acquisition, possession, production, cultivation, delivery, or
361	361	disposal of low-THC cannabis or medical cannabis.
362	362	SECTION 3.05. Section 481.111(f)(2), Health and Safety
363	363	Code, is amended to read as follows:
364	364	(2) "Low-THC cannabis" and "medical cannabis" have
365	365	[has] the meanings [meaning] assigned by Section 169.001,
366	366	Occupations Code.
367	367	SECTION 3.06. Section 551.004(a), Occupations Code, is
368	368	amended to read as follows:
369	369	(a) This subtitle does not apply to:
370	370	(1) a practitioner licensed by the appropriate state
371	371	board who supplies a patient of the practitioner with a drug in a
372	372	manner authorized by state or federal law and who does not operate a
373	373	pharmacy for the retailing of prescription drugs;
374	374	(2) a member of the faculty of a college of pharmacy
375	375	recognized by the board who is a pharmacist and who performs the
376	376	pharmacist's services only for the benefit of the college;
377	377	(3) a person who procures prescription drugs for
378	378	lawful research, teaching, or testing and not for resale;
379	379	(4) a home and community support services agency that
380	380	possesses a dangerous drug as authorized by Section 142.0061,
381	381	142.0062, or 142.0063, Health and Safety Code; or
382	382	(5) a dispensing organization, as defined by Section
383	383	487.001, Health and Safety Code, that cultivates, processes, and
384	384	dispenses low-THC cannabis or medical cannabis, as authorized by a
385	385	license issued under Subchapter C, Chapter 487, Health and Safety
386	386	Code, to a patient listed in the compassionate-use registry
387	387	established under that chapter.
388	388	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
389	389	SECTION 4.01. Not later than October 1, 2023, the public
390	390	safety director of the Department of Public Safety shall adopt
391	391	rules as required to implement, administer, and enforce Chapter
392	392	487, Health and Safety Code, as amended by this Act.
393	393	SECTION 4.02. This Act takes effect September 1, 2023.