Texas 2023 - 88th Regular

Texas Senate Bill SB127 Compare Versions

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1	1	88R1536 JSC-D
2	2	By: Alvarado S.B. No. 127
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession, use, cultivation, distribution,
8	8	transportation, and delivery of medical cannabis for use by
9	9	patients as the best available medical treatment, the licensing of
10	10	medical cannabis dispensing organizations, and the registration of
11	11	certain individuals; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
14	14	amended by adding Chapter 487A to read as follows:
15	15	CHAPTER 487A. USE OF CANNABIS FOR MEDICAL PURPOSES
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 487A.001. DEFINITIONS. In this chapter:
18	18	(1) "Department" means the Department of Public
19	19	Safety.
20	20	(2) "Director" means the public safety director of the
21	21	department.
22	22	(3) "Dispensing organization" means an organization
23	23	licensed by the department to cultivate, process, and dispense
24	24	medical cannabis to a patient for whom medical use is recommended
25	25	under Chapter 169A, Occupations Code.
26	26	(4) "Medical cannabis" and "medical use" have the
27	27	meanings assigned by Section 169A.001, Occupations Code.
28	28	SUBCHAPTER B. DUTIES OF DEPARTMENT
29	29	Sec. 487A.051. DUTIES OF DEPARTMENT. The department shall
30	30	administer this chapter.
31	31	Sec. 487A.052. RULES. (a) The director shall adopt any
32	32	rules necessary for the administration and enforcement of this
33	33	chapter.
34	34	(b) The director shall adopt rules imposing fees under this
35	35	chapter in amounts sufficient to cover the cost of administering
36	36	this chapter.
37	37	Sec. 487A.053. LICENSING OF DISPENSING ORGANIZATIONS AND
38	38	REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a) The
39	39	department shall:
40	40	(1) issue or renew a license under Subchapter C to
41	41	operate as a dispensing organization to each applicant who
42	42	satisfies the requirements established under this chapter for
43	43	licensure as a dispensing organization; and
44	44	(2) register directors, managers, and employees under
45	45	Subchapter D of each dispensing organization.
46	46	(b) Subject to Section 411.503, Government Code, the
47	47	department shall enforce compliance of license holders and
48	48	registrants and shall adopt procedures for renewing a license or
49	49	registration issued under this chapter and for suspending or
50	50	revoking a license or registration issued under this chapter.
51	51	Sec. 487A.054. MEDICAL USE REGISTRY. (a) The department
52	52	shall establish and maintain a secure online medical use registry
53	53	that contains:
54	54	(1) the name of each physician who registers as the
55	55	physician recommending medical use for a patient under Section
56	56	169A.003, Occupations Code, and the name and date of birth of the
57	57	patient; and
58	58	(2) the amount of medical cannabis dispensed to each
59	59	patient.
60	60	(b) The department shall ensure the registry:
61	61	(1) is designed to prevent more than one physician
62	62	from registering as the physician recommending medical use for a
63	63	single patient;
64	64	(2) is accessible to law enforcement agencies and
65	65	dispensing organizations for the purpose of verifying whether an
66	66	individual is a patient for whom medical use is recommended under
67	67	Chapter 169A, Occupations Code; and
68	68	(3) allows a physician recommending medical use under
69	69	Chapter 169A, Occupations Code, to input safety and efficacy data
70	70	derived from the treatment of patients for whom medical use is
71	71	recommended.
72	72	SUBCHAPTER C. LICENSING TO OPERATE AS DISPENSING ORGANIZATION
73	73	Sec. 487A.101. LICENSE REQUIRED. A person may not operate a
74	74	dispensing organization unless the person holds a license issued by
75	75	the department under this subchapter.
76	76	Sec. 487A.102. ELIGIBILITY FOR LICENSE. An applicant for a
77	77	license to operate a dispensing organization is eligible for the
78	78	license if:
79	79	(1) as determined by the department, the applicant
80	80	possesses:
81	81	(A) the technical and technological ability to
82	82	cultivate and produce medical cannabis;
83	83	(B) the ability to secure:
84	84	(i) the resources and personnel necessary
85	85	to operate as a dispensing organization; and
86	86	(ii) premises reasonably located to allow
87	87	patients listed on the medical use registry access to the
88	88	organization through existing infrastructure;
89	89	(C) the ability to maintain accountability for
90	90	the raw materials, the finished product, and any by-products used
91	91	or produced in the cultivation or production of medical cannabis to
92	92	prevent unlawful access to or unlawful diversion or possession of
93	93	those materials, products, or by-products; and
94	94	(D) the financial ability to maintain operations
95	95	until at least the second anniversary of the application date;
96	96	(2) each director, manager, or employee of the
97	97	applicant is registered under Subchapter D; and
98	98	(3) the applicant satisfies any additional criteria
99	99	the director determines necessary to safely implement this chapter.
100	100	Sec. 487A.103. APPLICATION. (a) A person may apply for an
101	101	initial or renewal license under this subchapter by submitting a
102	102	form prescribed by the department along with the application fee in
103	103	an amount set by the director.
104	104	(b) The application must include the name and address of the
105	105	applicant, the name and address of each of the applicant's
106	106	directors, managers, and employees, and any other information the
107	107	department considers necessary to determine the applicant's
108	108	eligibility for the license.
109	109	Sec. 487A.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.
110	110	(a) The department shall issue or renew a license under this
111	111	subchapter only if:
112	112	(1) the department determines the applicant meets the
113	113	eligibility requirements described by Section 487A.102; and
114	114	(2) issuance or renewal of the license is necessary to
115	115	ensure reasonable statewide access to, and the availability of,
116	116	medical cannabis for patients registered in the medical use
117	117	registry for whom medical cannabis is recommended under Chapter
118	118	169A, Occupations Code.
119	119	(b) If the department denies the issuance or renewal of a
120	120	license under Subsection (a), the applicant is entitled to a
121	121	hearing. Chapter 2001, Government Code, applies to a proceeding
122	122	under this section.
123	123	(c) A license issued or renewed under this subchapter
124	124	expires as determined by the department in accordance with Section
125	125	411.511, Government Code.
126	126	Sec. 487A.105. CRIMINAL HISTORY RECORD CHECK. (a) An
127	127	applicant for the issuance or renewal of a license under this
128	128	subchapter shall provide the department with the applicant's name
129	129	and the name of each of the applicant's directors, managers, and
130	130	employees.
131	131	(b) Before a dispensing organization under this subchapter
132	132	hires a manager or employee for the organization, the license
133	133	holder must provide the department with the name of the prospective
134	134	manager or employee. The license holder may not transfer the
135	135	license to another person before that prospective applicant and the
136	136	applicant's directors, managers, and employees are eligible based
137	137	on a criminal history record check and are registered as required by
138	138	Subchapter D.
139	139	(c) The department shall conduct a criminal history record
140	140	check on each individual whose name is provided to the department
141	141	under Subsection (a) or (b). The director by rule shall:
142	142	(1) require the individual to submit a complete set of
143	143	fingerprints to the department on a form prescribed by the
144	144	department for purposes of a criminal history record check under
145	145	this section; and
146	146	(2) establish criteria for determining whether an
147	147	individual is eligible based on the criminal history record check
148	148	for the purposes of this section.
149	149	(d) After conducting a criminal history record check under
150	150	this section, the department shall notify the relevant applicant or
151	151	organization and the individual who is the subject of the criminal
152	152	history record check as to whether the individual is eligible based
153	153	on the criminal history record check.
154	154	Sec. 487A.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
155	155	holder under this subchapter must maintain compliance at all times
156	156	with the eligibility requirements described by Section 487A.102.
157	157	Sec. 487A.107. DUTIES RELATING TO DISPENSING MEDICAL
158	158	CANNABIS. (a) Before dispensing medical cannabis to an individual
159	159	for whom medical use is recommended under Chapter 169A, Occupations
160	160	Code, the dispensing organization must verify the individual is
161	161	listed as a patient in the medical use registry.
162	162	(b) After dispensing medical cannabis to a patient for whom
163	163	medical use is recommended under Chapter 169A, Occupations Code,
164	164	the dispensing organization shall record in the medical use
165	165	registry the form and quantity of the medical cannabis dispensed
166	166	and the date and time of dispensation.
167	167	Sec. 487A.108. LICENSE SUSPENSION OR REVOCATION. (a) The
168	168	department may at any time suspend or revoke a license issued under
169	169	this subchapter if the department determines the license holder has
170	170	not maintained the eligibility requirements described by Section
171	171	487A.102 or has failed to comply with a duty imposed under this
172	172	chapter.
173	173	(b) The director shall give written notice to the license
174	174	holder of a license suspension or revocation under this section and
175	175	the grounds for the suspension or revocation. The notice must be
176	176	sent by certified mail, return receipt requested.
177	177	(c) After suspending or revoking a license issued under this
178	178	subchapter, the director may seize or place under seal all medical
179	179	cannabis and drug paraphernalia owned or possessed by the
180	180	dispensing organization. If the director orders the revocation of
181	181	the license, a disposition may not be made of the seized or sealed
182	182	medical cannabis or drug paraphernalia until the time for
183	183	administrative appeal of the order has elapsed or until all appeals
184	184	have been concluded. When a revocation order becomes final, all
185	185	medical cannabis and drug paraphernalia may be forfeited to the
186	186	state as provided under Subchapter E, Chapter 481.
187	187	(d) Chapter 2001, Government Code, applies to a proceeding
188	188	under this section.
189	189	SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS
190	190	Sec. 487A.151. REGISTRATION REQUIRED. (a) An individual
191	191	may not act as a director, manager, or employee of a dispensing
192	192	organization unless the individual is registered under this
193	193	section.
194	194	(b) An applicant for a registration under this section must:
195	195	(1) be at least 18 years of age;
196	196	(2) submit a complete set of fingerprints to the
197	197	department in the manner required by department rule; and
198	198	(3) pass a fingerprint-based criminal history record
199	199	check as required by Section 487A.105.
200	200	(c) A registration expires on the second anniversary of the
201	201	date of the registration's issuance, unless suspended or revoked
202	202	under rules adopted under this chapter.
203	203	SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES
204	204	Sec. 487A.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
205	205	MEDICAL CANNABIS. A municipality, county, or other political
206	206	subdivision may not enact, adopt, or enforce a rule, ordinance,
207	207	order, resolution, or other regulation that prohibits the
208	208	cultivation, production, dispensing, or possession of medical
209	209	cannabis, as authorized by this chapter.
210	210	SECTION 2. Subtitle B, Title 3, Occupations Code, is
211	211	amended by adding Chapter 169A to read as follows:
212	212	CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO CERTAIN
213	213	PATIENTS
214	214	Sec. 169A.001. DEFINITIONS. In this chapter:
215	215	(1) "Department" means the Department of Public
216	216	Safety.
217	217	(2) "Medical cannabis" means the plant Cannabis sativa
218	218	L., and any part of that plant or any compound, manufacture, salt,
219	219	derivative, mixture, preparation, resin, or oil of that plant.
220	220	(3) "Medical use" means the ingestion by a means of
221	221	administration other than by smoking of a recommended amount of
222	222	medical cannabis by an individual for whom medical use is
223	223	recommended under this chapter.
224	224	(4) "Smoking" means burning or igniting a substance
225	225	and inhaling the smoke.
226	226	Sec. 169A.002. RECOMMENDATION OF MEDICAL USE. (a) A
227	227	physician may recommend medical use in accordance with this chapter
228	228	to any patient for treatment of the patient's medical condition or
229	229	symptoms if, in the physician's medical judgment, medical use is
230	230	the best available treatment for that patient's medical condition
231	231	or symptoms.
232	232	(b) A physician who recommends medical use for a patient
233	233	must:
234	234	(1) comply with the registration requirements of
235	235	Section 169A.003; and
236	236	(2) certify to the department the physician has
237	237	determined that:
238	238	(A) medical use is the best available treatment
239	239	for the patient's medical condition or symptoms; and
240	240	(B) the risk of medical use by the patient is
241	241	reasonable in light of the potential benefit for the patient.
242	242	Sec. 169A.003. RECOMMENDING PHYSICIAN REGISTRATION. (a)
243	243	Before a physician may recommend medical use for a patient under
244	244	this chapter, the physician must register as the recommending
245	245	physician for that patient in the medical use registry maintained
246	246	by the department under Section 487A.054, Health and Safety Code.
247	247	The physician's registration must indicate:
248	248	(1) the physician's name; and
249	249	(2) the patient's name and date of birth.
250	250	(b) The department may not publish the name of a physician
251	251	registered under this section unless the physician expressly grants
252	252	permission.
253	253	Sec. 169A.004. PATIENT TREATMENT PLAN. A physician who
254	254	recommends medical use for a patient under this chapter must
255	255	maintain a patient treatment plan that indicates:
256	256	(1) a plan for monitoring the patient's symptoms; and
257	257	(2) a plan for monitoring indicators of tolerance or
258	258	reaction to medical cannabis.
259	259	SECTION 3. Section 122.103(c), Agriculture Code, is amended
260	260	to read as follows:
261	261	(c) A qualified applicant who along with the application
262	262	submits proof to the department that the applicant holds a license
263	263	under Chapter 487 or 487A, Health and Safety Code, is not required
264	264	to pay an application fee, and the department shall issue the
265	265	license to the applicant within the time prescribed by Subsection
266	266	(b).
267	267	SECTION 4. Section 161.001(c), Family Code, as amended by
268	268	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
269	269	Legislature, Regular Session, 2021, is reenacted and amended to
270	270	read as follows:
271	271	(c) Evidence of one or more of the following does not
272	272	constitute clear and convincing evidence sufficient for a court to
273	273	make a finding under Subsection (b) and order termination of the
274	274	parent-child relationship:
275	275	(1) the parent homeschooled the child;
276	276	(2) the parent is economically disadvantaged;
277	277	(3) the parent has been charged with a nonviolent
278	278	misdemeanor offense other than:
279	279	(A) an offense under Title 5, Penal Code;
280	280	(B) an offense under Title 6, Penal Code; or
281	281	(C) an offense that involves family violence, as
282	282	defined by Section 71.004 of this code;
283	283	(4) the parent provided or administered low-THC
284	284	cannabis to a child for whom the low-THC cannabis was prescribed
285	285	under Chapter 169, Occupations Code;
286	286	(5) the parent provided or administered medical
287	287	cannabis to a child for whom medical cannabis was recommended under
288	288	Chapter 169A, Occupations Code;
289	289	(6) the parent declined immunization for the child for
290	290	reasons of conscience, including a religious belief; [or]
291	291	(7) [(6)] the parent sought an opinion from more than
292	292	one medical provider relating to the child's medical care,
293	293	transferred the child's medical care to a new medical provider, or
294	294	transferred the child to another health care facility; or
295	295	(8) [(6)] the parent allowed the child to engage in
296	296	independent activities that are appropriate and typical for the
297	297	child's level of maturity, physical condition, developmental
298	298	abilities, or culture.
299	299	SECTION 5. Section 262.116(a), Family Code, as amended by
300	300	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
301	301	Legislature, Regular Session, 2021, is reenacted and amended to
302	302	read as follows:
303	303	(a) The Department of Family and Protective Services may not
304	304	take possession of a child under this subchapter based on evidence
305	305	that the parent:
306	306	(1) homeschooled the child;
307	307	(2) is economically disadvantaged;
308	308	(3) has been charged with a nonviolent misdemeanor
309	309	offense other than:
310	310	(A) an offense under Title 5, Penal Code;
311	311	(B) an offense under Title 6, Penal Code; or
312	312	(C) an offense that involves family violence, as
313	313	defined by Section 71.004 of this code;
314	314	(4) provided or administered low-THC cannabis to a
315	315	child for whom the low-THC cannabis was prescribed under Chapter
316	316	169, Occupations Code;
317	317	(5) provided or administered medical cannabis to a
318	318	child for whom medical cannabis was recommended under Chapter 169A,
319	319	Occupations Code;
320	320	(6) declined immunization for the child for reasons of
321	321	conscience, including a religious belief; [or]
322	322	(7) [(6)] sought an opinion from more than one medical
323	323	provider relating to the child's medical care, transferred the
324	324	child's medical care to a new medical provider, or transferred the
325	325	child to another health care facility;
326	326	(8) [(6)] allowed the child to engage in independent
327	327	activities that are appropriate and typical for the child's level
328	328	of maturity, physical condition, developmental abilities, or
329	329	culture; or
330	330	(9) [(7)] tested positive for marihuana, unless the
331	331	department has evidence that the parent's use of marihuana has
332	332	caused significant impairment to the child's physical or mental
333	333	health or emotional development.
334	334	SECTION 6. Section 411.0891(a), Government Code, is amended
335	335	to read as follows:
336	336	(a) Subject to Section 411.087, the department is
337	337	authorized to obtain and use criminal history record information
338	338	maintained by the Federal Bureau of Investigation or the department
339	339	that relates to a person who:
340	340	(1) is an applicant for or holds a registration issued
341	341	by the director under Subchapter C, Chapter 481, Health and Safety
342	342	Code, that authorizes the person to manufacture, distribute,
343	343	analyze, or conduct research with a controlled substance;
344	344	(2) is an applicant for or holds a registration issued
345	345	by the department under Chapter 487 or 487A, Health and Safety Code,
346	346	to be a director, manager, or employee of a dispensing
347	347	organization, as defined by Section 487.001 or 487A.001, Health and
348	348	Safety Code;
349	349	(3) is an applicant for or holds an authorization
350	350	issued by the department under Section 521.2476, Transportation
351	351	Code, to do business in this state as a vendor of ignition interlock
352	352	devices;
353	353	(4) is an applicant for or holds certification by the
354	354	department as an inspection station or an inspector under
355	355	Subchapter G, Chapter 548, Transportation Code, holds an inspection
356	356	station or inspector certificate issued under that subchapter, or
357	357	is the owner of an inspection station operating under that chapter;
358	358	or
359	359	(5) is an applicant for or holds a certificate of
360	360	registration issued by the department under Chapter 1956,
361	361	Occupations Code, to act as a metal recycling entity.
362	362	SECTION 7. Section 411.502, Government Code, is amended to
363	363	read as follows:
364	364	Sec. 411.502. APPLICABILITY. This subchapter applies to a
365	365	program, and persons regulated under the program, administered by
366	366	the department under the following laws, including rules adopted
367	367	under those laws:
368	368	(1) Section 411.0625;
369	369	(2) Chapter 487, Health and Safety Code;
370	370	(3) Chapter 487A, Health and Safety Code;
371	371	(4) Chapter 1702, Occupations Code;
372	372	(5) [(4)] Chapter 1956, Occupations Code;
373	373	(6) [(5)] Section 521.2476, Transportation Code; and
374	374	(7) [(6)] Subchapter G, Chapter 548, Transportation
375	375	Code.
376	376	SECTION 8. Section 443.202(a), Health and Safety Code, is
377	377	amended to read as follows:
378	378	(a) This section does not apply to low-THC cannabis
379	379	regulated under Chapter 487 or medical cannabis regulated under
380	380	Chapter 487A.
381	381	SECTION 9. Section 443.2025(a), Health and Safety Code, is
382	382	amended to read as follows:
383	383	(a) This section does not apply to low-THC cannabis
384	384	regulated under Chapter 487 or medical cannabis regulated under
385	385	Chapter 487A.
386	386	SECTION 10. Section 481.062(a), Health and Safety Code, is
387	387	amended to read as follows:
388	388	(a) The following persons may possess a controlled
389	389	substance under this chapter without registering with the federal
390	390	[Federal] Drug Enforcement Administration:
391	391	(1) an agent or employee of a manufacturer,
392	392	distributor, analyzer, or dispenser of the controlled substance who
393	393	is registered with the federal [Federal] Drug Enforcement
394	394	Administration and acting in the usual course of business or
395	395	employment;
396	396	(2) a common or contract carrier, a warehouseman, or
397	397	an employee of a carrier or warehouseman whose possession of the
398	398	controlled substance is in the usual course of business or
399	399	employment;
400	400	(3) an ultimate user or a person in possession of the
401	401	controlled substance under a lawful order of a practitioner or in
402	402	lawful possession of the controlled substance if it is listed in
403	403	Schedule V;
404	404	(4) an officer or employee of this state, another
405	405	state, a political subdivision of this state or another state, or
406	406	the United States who is lawfully engaged in the enforcement of a
407	407	law relating to a controlled substance or drug or to a customs law
408	408	and authorized to possess the controlled substance in the discharge
409	409	of the person's official duties;
410	410	(5) if the substance is tetrahydrocannabinol or one of
411	411	its derivatives:
412	412	(A) a Department of State Health Services
413	413	official, a medical school researcher, or a research program
414	414	participant possessing the substance as authorized under
415	415	Subchapter G; or
416	416	(B) a practitioner or an ultimate user possessing
417	417	the substance as a participant in a federally approved therapeutic
418	418	research program that the commissioner has reviewed and found, in
419	419	writing, to contain a medically responsible research protocol; [or]
420	420	(6) a dispensing organization licensed under Chapter
421	421	487 that possesses low-THC cannabis; or
422	422	(7) a dispensing organization licensed under Chapter
423	423	487A that possesses medical cannabis.
424	424	SECTION 11. Sections 481.111(e) and (f), Health and Safety
425	425	Code, are amended to read as follows:
426	426	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
427	427	apply to a person who engages in the acquisition, possession,
428	428	production, cultivation, delivery, or disposal of a raw material
429	429	used in or by-product created by the production or cultivation of
430	430	low-THC cannabis or medical cannabis if the person:
431	431	(1) for an offense involving possession only of
432	432	marihuana or drug paraphernalia, is a patient for whom low-THC
433	433	cannabis is prescribed under Chapter 169, Occupations Code, or the
434	434	patient's legal guardian, and the person possesses low-THC cannabis
435	435	obtained under a valid prescription from a dispensing organization;
436	436	[or]
437	437	(2) is a director, manager, or employee of a low-THC
438	438	cannabis dispensing organization and the person, solely in
439	439	performing the person's regular duties at the organization,
440	440	acquires, possesses, produces, cultivates, dispenses, or disposes
441	441	of:
442	442	(A) in reasonable quantities, any low-THC
443	443	cannabis or raw materials used in or by-products created by the
444	444	production or cultivation of low-THC cannabis; or
445	445	(B) any drug paraphernalia used in the
446	446	acquisition, possession, production, cultivation, delivery, or
447	447	disposal of low-THC cannabis;
448	448	(3) for an offense involving possession only of
449	449	marihuana or drug paraphernalia, is a patient for whom medical use
450	450	is recommended under Chapter 169A, Occupations Code, or the
451	451	patient's legal guardian; or
452	452	(4) is a director, manager, or employee of a medical
453	453	cannabis dispensing organization and the individual, solely in
454	454	performing the individual's regular duties at the organization,
455	455	acquires, possesses, produces, cultivates, dispenses, or disposes
456	456	of:
457	457	(A) in reasonable quantities, any medical
458	458	cannabis or raw materials used in or by-products created by the
459	459	production or cultivation of medical cannabis; or
460	460	(B) any drug paraphernalia used in the
461	461	acquisition, possession, production, cultivation, delivery, or
462	462	disposal of medical cannabis.
463	463	(f) For purposes of Subsection (e):
464	464	(1) ["Dispensing organization" has the meaning
465	465	assigned by Section 487.001.
466	466	[(2)] "Low-THC cannabis" has the meaning assigned by
467	467	Section 169.001, Occupations Code.
468	468	(2) "Low-THC cannabis dispensing organization" means
469	469	a dispensing organization as defined by Section 487.001.
470	470	(3) "Medical cannabis" and "medical use" have the
471	471	meanings assigned by Section 169A.001, Occupations Code.
472	472	(4) "Medical cannabis dispensing organization" means
473	473	a dispensing organization as defined by Section 487A.001.
474	474	SECTION 12. Section 551.004, Occupations Code, is amended
475	475	by amending Subsection (a) and adding Subsection (a-1) to read as
476	476	follows:
477	477	(a) This subtitle does not apply to:
478	478	(1) a practitioner licensed by the appropriate state
479	479	board who supplies a patient of the practitioner with a drug in a
480	480	manner authorized by state or federal law and who does not operate a
481	481	pharmacy for the retailing of prescription drugs;
482	482	(2) a member of the faculty of a college of pharmacy
483	483	recognized by the board who is a pharmacist and who performs the
484	484	pharmacist's services only for the benefit of the college;
485	485	(3) a person who procures prescription drugs for
486	486	lawful research, teaching, or testing and not for resale;
487	487	(4) a home and community support services agency that
488	488	possesses a dangerous drug as authorized by Section 142.0061,
489	489	142.0062, or 142.0063, Health and Safety Code; [or]
490	490	(5) a low-THC cannabis dispensing organization[, as
491	491	defined by Section 487.001, Health and Safety Code,] that
492	492	cultivates, processes, and dispenses low-THC cannabis, as
493	493	authorized by a license issued under Subchapter C, Chapter 487,
494	494	Health and Safety Code, to a patient listed in the
495	495	compassionate-use registry established under that chapter; or
496	496	(6) a medical cannabis dispensing organization that
497	497	cultivates, processes, and dispenses medical cannabis, as
498	498	authorized by a license issued under Subchapter C, Chapter 487A,
499	499	Health and Safety Code, to a patient listed in the medical use
500	500	registry established under that chapter.
501	501	(a-1) For purposes of Subsections (a)(5) and (6):
502	502	(1) "Low-THC cannabis dispensing organization" means
503	503	a dispensing organization as defined by Section 487.001, Health and
504	504	Safety Code.
505	505	(2) "Medical cannabis dispensing organization" means
506	506	a dispensing organization as defined by Section 487A.001, Health
507	507	and Safety Code.
508	508	SECTION 13. Not later than January 1, 2024, the public
509	509	safety director of the Department of Public Safety shall adopt
510	510	rules as required to implement, administer, and enforce Chapter
511	511	487A, Health and Safety Code, as added by this Act, including rules
512	512	to establish the medical use registry required by that chapter.
513	513	SECTION 14. This Act takes effect immediately if it
514	514	receives a vote of two-thirds of all the members elected to each
515	515	house, as provided by Section 39, Article III, Texas Constitution.
516	516	If this Act does not receive the vote necessary for immediate
517	517	effect, this Act takes effect September 1, 2023.