Texas 2025 - 89th Regular

Texas House Bill HB1504 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4574 CJD-F
2	2	By: Reynolds H.B. No. 1504
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing the possession, use, cultivation,
10	10	distribution, transportation, and delivery of medical cannabis for
11	11	medical use by qualifying patients with certain debilitating
12	12	medical conditions and the licensing of dispensing organizations
13	13	and cannabis testing facilities; authorizing fees.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. AMENDMENTS TO CHAPTER 487, HEALTH AND SAFETY CODE
16	16	SECTION 1.01. Section 487.001, Health and Safety Code, is
17	17	amended to read as follows:
18	18	Sec. 487.001. DEFINITIONS. In this chapter:
19	19	(1) "Cannabis testing facility" means an independent
20	20	entity licensed by the department under this chapter to analyze the
21	21	safety and potency of medical cannabis.
22	22	(2) "Cardholder" means a qualifying patient or a
23	23	registered caregiver who is issued a registry identification card.
24	24	(3) "Debilitating medical condition," "medical
25	25	cannabis," "medical practitioner," "medical use," and "qualifying
26	26	patient" have the meanings assigned by Section 169.001, Occupations
27	27	Code.
28	28	(4) "Department" means the Department of Public
29	29	Safety.
30	30	(5) "Designated caregiver" means a person who:
31	31	(A) is at least 21 years of age or a parent, legal
32	32	guardian, or conservator of a qualifying patient; and
33	33	(B) has significant responsibility for managing
34	34	the medical care of a qualifying patient listed on the
35	35	compassionate-use registry.
36	36	(6) [(2)] "Director" means the public safety director
37	37	of the department.
38	38	(7) [(3)] "Dispensing organization" means an
39	39	organization licensed by the department to cultivate, process, and
40	40	dispense medical [low-THC] cannabis to a patient for whom medical
41	41	use [low-THC cannabis] is recommended [prescribed] under Chapter
42	42	169, Occupations Code.
43	43	(8) "Drug paraphernalia" has the meaning assigned by
44	44	Section 481.002.
45	45	(9) "Nonresident cardholder" means a person who is not
46	46	a resident of this state and who:
47	47	(A) has been diagnosed with a debilitating
48	48	medical condition and issued a currently valid registry
49	49	identification card or the equivalent under the laws of another
50	50	state, district, territory, commonwealth, insular possession of
51	51	the United States, or country recognized by the United States, that
52	52	authorizes medical use by the person in the jurisdiction of
53	53	issuance; or
54	54	(B) is the parent, legal guardian, or conservator
55	55	of a person described by Paragraph (A).
56	56	(10) "Registered caregiver" means a designated
57	57	caregiver who has been issued a registry identification card
58	58	identifying the person as a registered caregiver of a qualifying
59	59	patient listed on the compassionate-use registry.
60	60	(11) "Registry identification card" means a document
61	61	issued by the department that identifies a person as:
62	62	(A) a qualifying patient listed on the
63	63	compassionate-use registry; or
64	64	(B) a registered caregiver of a qualifying
65	65	patient listed on the compassionate-use registry.
66	66	(12) "Written certification" means a document
67	67	produced under Section 169.002, Occupations Code.
68	68	[(4) "Low-THC cannabis" has the meaning assigned by
69	69	Section 169.001, Occupations Code.]
70	70	SECTION 1.02. Chapter 487, Health and Safety Code, is
71	71	amended by adding Subchapter A-1 to read as follows:
72	72	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
73	73	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
74	74	section applies to a person who is:
75	75	(1) a cardholder;
76	76	(2) a nonresident cardholder;
77	77	(3) a dispensing organization;
78	78	(4) a cannabis testing facility; or
79	79	(5) a director, manager, or employee of a dispensing
80	80	organization or of a cannabis testing facility who is registered
81	81	with the department under Section 487.053.
82	82	(b) Notwithstanding any other law, a person described by
83	83	Subsection (a) is not subject to arrest, prosecution, or penalty in
84	84	any manner, or denial of any right or privilege, including any civil
85	85	penalty or disciplinary action by a court or occupational or
86	86	professional licensing board or bureau, for conduct involving
87	87	medical use that is authorized under this chapter, department rule,
88	88	or Chapter 169, Occupations Code.
89	89	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
90	90	ENDANGERMENT. A person described by Section 487.021(a) may not be
91	91	presumed to have engaged in conduct constituting child abuse,
92	92	neglect, or endangerment solely because the person engaged in
93	93	conduct involving medical use that is authorized under this
94	94	chapter, department rule, or Chapter 169, Occupations Code.
95	95	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
96	96	person described by Section 487.021(a) engages in conduct
97	97	authorized under this chapter, department rule, or Chapter 169,
98	98	Occupations Code, does not in itself constitute grounds for
99	99	denying, limiting, or restricting conservatorship or possession of
100	100	or access to a child under Title 5, Family Code.
101	101	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
102	102	the cultivation, distribution, transportation, and delivery of
103	103	medical cannabis for medical use that is authorized under this
104	104	chapter, department rule, or Chapter 169, Occupations Code, is not
105	105	contraband for purposes of Chapter 59, Code of Criminal Procedure,
106	106	and is not subject to seizure or forfeiture under that chapter or
107	107	other law solely for the use of the property in those authorized
108	108	activities.
109	109	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
110	110	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
111	111	the imposition of any sentence or penalty for the delivery,
112	112	possession with intent to deliver, or manufacture of any item that
113	113	meets the definition of drug paraphernalia, if that item is
114	114	delivered, possessed with intent to deliver, or manufactured for
115	115	the sole purpose of providing that item to a cardholder or
116	116	nonresident cardholder for medical use under this chapter,
117	117	department rule, or Chapter 169, Occupations Code.
118	118	SECTION 1.03. Section 487.052, Health and Safety Code, is
119	119	amended to read as follows:
120	120	Sec. 487.052. RULES. (a) The director shall adopt any
121	121	rules necessary for the administration and enforcement of this
122	122	chapter.
123	123	(b) The director shall adopt reasonable [, including] rules
124	124	imposing fees under this chapter in amounts sufficient to cover the
125	125	cost of administering this chapter. Fees collected under a rule
126	126	adopted under this chapter may be used only for the administration
127	127	of this chapter.
128	128	(c) The director shall adopt rules in accordance with
129	129	Section 487.081 governing the allowable amount of medical cannabis
130	130	a cardholder or nonresident cardholder may possess for medical use
131	131	by a qualifying patient.
132	132	(d) The director by rule shall adopt labeling requirements
133	133	for medical cannabis.
134	134	(e) The director shall adopt rules establishing security
135	135	requirements concerning the cultivation of medical cannabis by a
136	136	cardholder.
137	137	(f) The director shall adopt reasonable rules governing
138	138	access to medical cannabis by nonresident cardholders.
139	139	SECTION 1.04. The heading to Section 487.053, Health and
140	140	Safety Code, is amended to read as follows:
141	141	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
142	142	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
143	143	INDIVIDUALS.
144	144	SECTION 1.05. Section 487.053(a), Health and Safety Code,
145	145	is amended to read as follows:
146	146	(a) The department shall:
147	147	(1) issue or renew a license to operate as:
148	148	(A) a dispensing organization to each applicant
149	149	who satisfies the requirements established under this chapter for
150	150	licensure as a dispensing organization; and
151	151	(B) a cannabis testing facility to each applicant
152	152	who satisfies the requirements established under this chapter for
153	153	licensure as a cannabis testing facility; and
154	154	(2) register directors, managers, and employees of
155	155	each:
156	156	(A) dispensing organization; and
157	157	(B) cannabis testing facility.
158	158	SECTION 1.06. Section 487.054, Health and Safety Code, is
159	159	amended to read as follows:
160	160	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
161	161	department shall establish and maintain a secure online
162	162	compassionate-use registry that contains:
163	163	(1) the name of each individual who is issued a
164	164	registry identification card and each nonresident cardholder who
165	165	receives medical cannabis from a dispensing organization;
166	166	(2) the name of each medical practitioner who
167	167	recommends medical use to a qualifying patient and [physician who
168	168	registers as the prescriber for a patient under Section 169.004,
169	169	Occupations Code,] the name and date of birth of that [the]
170	170	patient[, the dosage prescribed, the means of administration
171	171	ordered, and the total amount of low-THC cannabis required to fill
172	172	the patient's prescription]; and
173	173	(3) [(2)] a record of each amount of medical [low-THC]
174	174	cannabis dispensed by a dispensing organization to a cardholder or
175	175	nonresident cardholder [patient under a prescription].
176	176	(b) The department shall ensure the registry:
177	177	(1) is designed to prevent more than one medical
178	178	practitioner [qualified physician] from registering as the
179	179	recommending medical practitioner [prescriber] for a single
180	180	patient; and
181	181	(2) is accessible to law enforcement agencies and
182	182	dispensing organizations for the purpose of verifying whether a
183	183	person is authorized under this chapter to receive medical cannabis
184	184	[patient is one for whom low-THC cannabis is prescribed and whether
185	185	the patient's prescriptions have been filled; and
186	186	[(3) allows a physician qualified to prescribe low-THC
187	187	cannabis under Section 169.002, Occupations Code, to input safety
188	188	and efficacy data derived from the treatment of patients for whom
189	189	low-THC cannabis is prescribed under Chapter 169, Occupations
190	190	Code].
191	191	SECTION 1.07. Subchapter B, Chapter 487, Health and Safety
192	192	Code, is amended by adding Sections 487.055 and 487.056 to read as
193	193	follows:
194	194	Sec. 487.055. LICENSING AND REGULATION OF CANNABIS TESTING
195	195	FACILITIES. The director shall adopt all rules necessary for:
196	196	(1) the licensing and regulation of cannabis testing
197	197	facilities and the directors, managers, and employees of those
198	198	facilities;
199	199	(2) the operation of cannabis testing facilities; and
200	200	(3) the testing of the safety and potency of medical
201	201	cannabis.
202	202	Sec. 487.056. APPLICATION FOR REGISTRY IDENTIFICATION
203	203	CARD. (a) The director by rule shall adopt an application for a
204	204	registry identification card:
205	205	(1) for a qualifying patient; and
206	206	(2) for a designated caregiver.
207	207	(b) An applicant for a registry identification card must
208	208	submit to the department:
209	209	(1) the application adopted under Subsection (a);
210	210	(2) a written certification that was issued within the
211	211	90 days preceding the date of application and that affirms that
212	212	medical use is recommended for the qualifying patient;
213	213	(3) the application fee prescribed by department rule;
214	214	and
215	215	(4) any other forms developed by the director for
216	216	submission with the application.
217	217	(c) The department shall issue a registry identification
218	218	card to an applicant who is a qualifying patient or the designated
219	219	caregiver of a qualifying patient not later than the 25th day after
220	220	the date the application is submitted.
221	221	SECTION 1.08. Chapter 487, Health and Safety Code, is
222	222	amended by adding Subchapter B-1 to read as follows:
223	223	SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO
224	224	MEDICAL CANNABIS
225	225	Sec. 487.081. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A
226	226	cardholder or nonresident cardholder may possess for medical use by
227	227	the qualifying patient no more than the allowable amount of medical
228	228	cannabis for that qualifying patient, as provided by this section
229	229	and department rule.
230	230	(b) The director by rule shall specify the maximum number of
231	231	cannabis plants that may be cultivated or possessed for medical use
232	232	by a qualifying patient, which may not be fewer than six cannabis
233	233	plants. The amount of medical cannabis, edible products that
234	234	contain medical cannabis, or products infused with medical cannabis
235	235	that are produced from the allowable number of cannabis plants may
236	236	be possessed for medical use by a cardholder or nonresident
237	237	cardholder on the site where those plants are cultivated,
238	238	regardless of whether the amount possessed on that site exceeds the
239	239	quantity otherwise provided as the allowable amount of medical
240	240	cannabis for the qualifying patient by a rule adopted under this
241	241	section.
242	242	(c) The director by rule shall specify the maximum quantity
243	243	of medical cannabis other than cannabis plants, edible products
244	244	that contain medical cannabis, or products infused with medical
245	245	cannabis, that, except as otherwise provided by Subsection (b) or
246	246	(e), may be possessed by a cardholder or nonresident cardholder for
247	247	medical use by a qualifying patient, which may not be less than 2.5
248	248	ounces.
249	249	(d) The director by rule shall specify the maximum quantity
250	250	of edible products that contain medical cannabis or products
251	251	infused with medical cannabis that, except as otherwise provided by
252	252	Subsection (b) or (e), may be possessed by a cardholder or
253	253	nonresident cardholder for medical use by a qualifying patient.
254	254	(e) If a medical practitioner recommends in the qualifying
255	255	patient's written certification a different amount of medical
256	256	cannabis than the amount provided by rule adopted under this
257	257	section, the amount recommended by the written certification is the
258	258	allowable amount of medical cannabis for that qualifying patient.
259	259	Sec. 487.082. ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY
260	260	IDENTIFICATION CARD ISSUED. An applicant for a registry
261	261	identification card may receive medical cannabis from a dispensing
262	262	organization before the department issues a registry
263	263	identification card on providing:
264	264	(1) proof that the application was submitted to the
265	265	department and any application fees were paid; and
266	266	(2) a copy of the applicant's written certification.
267	267	Sec. 487.083. ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,
268	268	2025. (a) On or before December 1, 2025, notwithstanding a
269	269	contrary provision of this chapter, a qualifying patient or a
270	270	caregiver with significant responsibility for managing the
271	271	well-being of a qualifying patient may obtain medical cannabis from
272	272	a dispensing organization on providing:
273	273	(1) for a qualifying patient, a copy of the qualifying
274	274	patient's written certification; or
275	275	(2) for a caregiver of the qualifying patient:
276	276	(A) a copy of the qualifying patient's written
277	277	certification; and
278	278	(B) an affidavit stating:
279	279	(i) that the caregiver is the qualifying
280	280	patient's parent or guardian; or
281	281	(ii) that the caregiver has significant
282	282	responsibility for managing the well-being of the qualifying
283	283	patient and that is signed by the qualifying patient or the
284	284	qualifying patient's parent or guardian, if the qualifying patient
285	285	is a minor.
286	286	(b) This section expires December 1, 2025.
287	287	SECTION 1.09. Section 487.102, Health and Safety Code, is
288	288	amended to read as follows:
289	289	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
290	290	license to operate as a dispensing organization is eligible for the
291	291	license if:
292	292	(1) as determined by the department, the applicant
293	293	possesses:
294	294	(A) the technical and technological ability to
295	295	cultivate and produce medical [low-THC] cannabis;
296	296	(B) the ability to secure:
297	297	(i) the resources and personnel necessary
298	298	to operate as a dispensing organization; and
299	299	(ii) premises reasonably located to allow
300	300	patients listed on the compassionate-use registry access to the
301	301	organization through existing infrastructure;
302	302	(C) the ability to maintain accountability for
303	303	the raw materials, the finished product, and any by-products used
304	304	or produced in the cultivation or production of medical [low-THC]
305	305	cannabis to prevent unlawful access to or unlawful diversion or
306	306	possession of those materials, products, or by-products; and
307	307	(D) the financial ability to maintain operations
308	308	for not less than two years from the date of application;
309	309	(2) each director, manager, or employee of the
310	310	applicant is registered under Subchapter D; and
311	311	(3) the applicant satisfies any additional criteria
312	312	determined by the director to be necessary to safely implement this
313	313	chapter.
314	314	SECTION 1.10. Subchapter C, Chapter 487, Health and Safety
315	315	Code, is amended by adding Section 487.1025 to read as follows:
316	316	Sec. 487.1025. ANNUAL LICENSE FEE. The director shall
317	317	charge an annual license fee set initially by the director in an
318	318	amount not to exceed $5,000. The director shall annually adjust for
319	319	inflation the annual license fee.
320	320	SECTION 1.11. Section 487.103, Health and Safety Code, is
321	321	amended by adding Subsection (a-1) to read as follows:
322	322	(a-1) The director shall set the application fee charged
323	323	under Subsection (a) initially in an amount not to exceed $2,500.
324	324	The director shall annually adjust for inflation the application
325	325	fee.
326	326	SECTION 1.12. Section 487.104(a), Health and Safety Code,
327	327	is amended to read as follows:
328	328	(a) The department shall issue or renew a license to operate
329	329	as a dispensing organization only if:
330	330	(1) the department determines the applicant meets the
331	331	eligibility requirements described by Section 487.102; and
332	332	(2) issuance or renewal of the license is necessary to
333	333	ensure reasonable statewide access to, and the availability of,
334	334	medical [low-THC] cannabis for patients registered in the
335	335	compassionate-use registry and for whom medical [low-THC] cannabis
336	336	is recommended [prescribed] under Chapter 169, Occupations Code.
337	337	SECTION 1.13. Section 487.107, Health and Safety Code, is
338	338	amended to read as follows:
339	339	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
340	340	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
341	341	cannabis to a person authorized under this chapter to receive
342	342	medical [for whom the low-THC] cannabis [is prescribed under
343	343	Chapter 169, Occupations Code], the dispensing organization must
344	344	verify that [the prescription presented]:
345	345	(1) the person receiving the medical cannabis is [for]
346	346	a cardholder [person] listed [as a patient] in the
347	347	compassionate-use registry or a nonresident cardholder;
348	348	(2) the medical cannabis, including any edible
349	349	products that contain medical cannabis and any products infused
350	350	with medical cannabis, has been properly tested and properly
351	351	labeled in accordance with standards established by the department
352	352	[matches the entry in the compassionate-use registry with respect
353	353	to the total amount of low-THC cannabis required to fill the
354	354	prescription]; and
355	355	(3) the amount of medical cannabis dispensed to the
356	356	person would not cause the person to possess more than the allowable
357	357	amount of medical cannabis for the qualifying patient, as
358	358	determined under Section 487.081 [has not previously been filled by
359	359	a dispensing organization as indicated by an entry in the
360	360	compassionate-use registry].
361	361	(b) After dispensing medical [low-THC] cannabis to a
362	362	cardholder or nonresident cardholder [patient for whom the low-THC
363	363	cannabis is prescribed under Chapter 169, Occupations Code], the
364	364	dispensing organization shall record in the compassionate-use
365	365	registry the name and address of the individual to whom the medical
366	366	cannabis is dispensed, the form and quantity of medical [low-THC]
367	367	cannabis dispensed, and the date and time of dispensation.
368	368	SECTION 1.14. Section 487.108(c), Health and Safety Code,
369	369	is amended to read as follows:
370	370	(c) After suspending or revoking a license issued under this
371	371	chapter, the director may seize or place under seal all medical
372	372	[low-THC] cannabis and drug paraphernalia owned or possessed by the
373	373	dispensing organization. If the director orders the revocation of
374	374	the license, a disposition may not be made of the seized or sealed
375	375	medical [low-THC] cannabis or drug paraphernalia until the time for
376	376	administrative appeal of the order has elapsed or until all appeals
377	377	have been concluded. When a revocation order becomes final, all
378	378	medical [low-THC] cannabis and drug paraphernalia may be forfeited
379	379	to the state as provided under Subchapter E, Chapter 481.
380	380	SECTION 1.15. Section 487.151, Health and Safety Code, is
381	381	amended by adding Subsection (a-1) to read as follows:
382	382	(a-1) An individual who is a director, manager, or employee
383	383	of a cannabis testing facility must apply for and obtain a
384	384	registration under this section.
385	385	SECTION 1.16. Section 487.201, Health and Safety Code, is
386	386	amended to read as follows:
387	387	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
388	388	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
389	389	political subdivision may not enact, adopt, or enforce a rule,
390	390	ordinance, order, resolution, or other regulation that prohibits
391	391	the cultivation, production, dispensing, or possession of medical
392	392	[low-THC] cannabis, as authorized by this chapter.
393	393	SECTION 1.17. Subchapter F, Chapter 487, Health and Safety
394	394	Code, is repealed.
395	395	ARTICLE 2. AMENDMENTS TO CHAPTER 169, OCCUPATIONS CODE
396	396	SECTION 2.01. The heading to Chapter 169, Occupations Code,
397	397	is amended to read as follows:
398	398	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW-THC]
399	399	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
400	400	SECTION 2.02. Sections 169.001, 169.0011, 169.002, and
401	401	169.004, Occupations Code, are amended to read as follows:
402	402	Sec. 169.001. DEFINITIONS. In this chapter:
403	403	(1) "Debilitating medical condition" means:
404	404	(A) cancer, glaucoma, positive status for human
405	405	immunodeficiency virus, acquired immune deficiency syndrome,
406	406	hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
407	407	ulcerative colitis, agitation of Alzheimer's disease,
408	408	post-traumatic stress disorder, autism, sickle cell anemia, severe
409	409	fibromyalgia, spinal cord disease, spinal cord injury, traumatic
410	410	brain injury or post-concussion syndrome, chronic traumatic
411	411	encephalopathy, Parkinson's disease, muscular dystrophy,
412	412	Huntington's disease, or an incurable neurodegenerative disease;
413	413	(B) a chronic medical condition that produces, or
414	414	the treatment of a chronic medical condition that produces:
415	415	(i) cachexia or wasting syndrome;
416	416	(ii) severe pain;
417	417	(iii) severe nausea;
418	418	(iv) seizures, including those
419	419	characteristic of epilepsy; or
420	420	(v) spasticity or severe and persistent
421	421	muscle spasms, including those characteristic of multiple
422	422	sclerosis; or
423	423	(C) any other medical condition approved as a
424	424	debilitating medical condition by department rule or any symptom
425	425	caused by the treatment of a medical condition that is approved as a
426	426	debilitating medical condition by department rule.
427	427	(2) "Department" means the Department of Public
428	428	Safety.
429	429	(3) [(1-a)] "Incurable neurodegenerative disease"
430	430	means a disease designated as an incurable neurodegenerative
431	431	disease by rule of the executive commissioner of the Health and
432	432	Human Services Commission, adopted in consultation with the
433	433	National Institutes of Health.
434	434	(4) "Medical [(3) "Low-THC] cannabis" means the
435	435	plant Cannabis sativa L., and any part of that plant or any
436	436	compound, manufacture, salt, derivative, mixture, preparation,
437	437	resin, or oil of that plant [that contains not more than one percent
438	438	by weight of tetrahydrocannabinols].
439	439	(5) "Medical practitioner" means:
440	440	(A) a licensed physician;
441	441	(B) an advanced practice registered nurse who has
442	442	been delegated prescriptive authority in accordance with
443	443	Subchapter B, Chapter 157; or
444	444	(C) a physician assistant who has been delegated
445	445	prescriptive authority in accordance with Subchapter B, Chapter
446	446	157.
447	447	(6) [(4)] "Medical use" means the ingestion [by a
448	448	means of administration other than by smoking] of medical [a
449	449	prescribed amount of low-THC] cannabis by a qualifying patient to
450	450	treat or alleviate the patient's debilitating medical condition
451	451	[person for whom low-THC cannabis is prescribed under this
452	452	chapter].
453	453	(7) "Qualifying patient" means a person who has been
454	454	diagnosed with a debilitating medical condition by a medical
455	455	practitioner [(5) "Smoking" means burning or igniting a substance
456	456	and inhaling the smoke].
457	457	Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
458	458	in [this chapter, Chapter 487, Health and Safety Code, or other] law
459	459	to a prescription for medical use or a prescription for medical
460	460	[low-THC] cannabis means an entry in the compassionate-use registry
461	461	established under Section 487.054, Health and Safety Code.
462	462	Sec. 169.002. RECOMMENDATION FOR MEDICAL [PHYSICIAN
463	463	QUALIFIED TO PRESCRIBE LOW-THC] CANNABIS BY MEDICAL PRACTITIONER
464	464	[TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS]. (a) A medical
465	465	practitioner may recommend medical cannabis to a qualifying patient
466	466	if the medical practitioner attests through written certification
467	467	that, in the medical practitioner's professional opinion:
468	468	(1) the diagnosis of a debilitating medical condition
469	469	for the qualifying patient is correct;
470	470	(2) the qualifying patient is likely to receive
471	471	therapeutic or palliative benefit from the medical use of medical
472	472	cannabis to treat or alleviate the patient's debilitating medical
473	473	condition; and
474	474	(3) the potential benefits to the qualifying patient
475	475	of medical use outweigh the health risks of medical use.
476	476	(b) The written certification described by Subsection (a)
477	477	must:
478	478	(1) be dated and signed by the medical practitioner;
479	479	(2) specify the qualifying patient's debilitating
480	480	medical condition; and
481	481	(3) affirm that medical use was recommended in the
482	482	course of a bona fide practitioner-patient relationship between the
483	483	qualifying patient and the medical practitioner. [Only a
484	484	physician qualified with respect to a patient's particular medical
485	485	condition as provided by this section may prescribe low-THC
486	486	cannabis in accordance with this chapter to treat the applicable
487	487	medical condition.
488	488	[(b) A physician is qualified to prescribe low-THC cannabis
489	489	with respect to a patient's particular medical condition if the
490	490	physician:
491	491	[(1) is licensed under this subtitle;
492	492	[(2) is board certified in a medical specialty
493	493	relevant to the treatment of the patient's particular medical
494	494	condition by a specialty board approved by the American Board of
495	495	Medical Specialties or the Bureau of Osteopathic Specialists; and
496	496	[(3) dedicates a significant portion of clinical
497	497	practice to the evaluation and treatment of the patient's
498	498	particular medical condition.
499	499	[(c) A physician is qualified to prescribe low-THC cannabis
500	500	for the treatment of a patient with a medical condition approved by
501	501	rule of the executive commissioner of the Health and Human Services
502	502	Commission for treatment in an approved research program conducted
503	503	under Subchapter F, Chapter 487, Health and Safety Code, if the
504	504	physician is:
505	505	[(1) licensed under this subtitle; and
506	506	[(2) certified by a compassionate-use institutional
507	507	review board created under Section 487.253, Health and Safety Code,
508	508	that oversees patient treatment undertaken as part of that approved
509	509	research program.]
510	510	Sec. 169.004. [LOW-THC CANNABIS PRESCRIBER] REGISTRATION
511	511	OF RECOMMENDING MEDICAL PRACTITIONERS. (a) Before a medical
512	512	practitioner [physician qualified to prescribe low-THC cannabis
513	513	under Section 169.002] may recommend medical use [prescribe or
514	514	renew a prescription for low-THC cannabis] for a qualifying patient
515	515	under this chapter, the practitioner [physician] must register as
516	516	the recommending medical practitioner [prescriber] for that
517	517	patient in the compassionate-use registry maintained by the
518	518	department under Section 487.054, Health and Safety Code. The
519	519	medical practitioner's [physician's] registration must indicate:
520	520	(1) the medical practitioner's [physician's] name; and
521	521	(2) the qualifying patient's name and date of birth[;
522	522	[(3) the dosage prescribed to the patient;
523	523	[(4) the means of administration ordered for the
524	524	patient; and
525	525	[(5) the total amount of low-THC cannabis required to
526	526	fill the patient's prescription].
527	527	(b) The department may not publish the name of a medical
528	528	practitioner [physician] registered under this section unless
529	529	permission is expressly granted by the medical practitioner
530	530	[physician].
531	531	SECTION 2.03. Sections 169.003 and 169.005, Occupations
532	532	Code, are repealed.
533	533	ARTICLE 3. CONFORMING AMENDMENTS
534	534	SECTION 3.01. Section 161.001(c), Family Code, is amended
535	535	to 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;
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) 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, is amended
563	563	to read as follows:
564	564	(a) The Department of Family and Protective Services may not
565	565	take possession of a child under this subchapter based on evidence
566	566	that the parent:
567	567	(1) homeschooled the child;
568	568	(2) is economically disadvantaged;
569	569	(3) has been charged with a nonviolent misdemeanor
570	570	offense other than:
571	571	(A) an offense under Title 5, Penal Code;
572	572	(B) an offense under Title 6, Penal Code; or
573	573	(C) an offense that involves family violence, as
574	574	defined by Section 71.004 of this code;
575	575	(4) provided or administered medical [low-THC]
576	576	cannabis to a child for whom the medical [low-THC] cannabis was
577	577	recommended [prescribed] under Chapter 169, Occupations Code;
578	578	(5) declined immunization for the child for reasons of
579	579	conscience, including a religious belief;
580	580	(6) sought an opinion from more than one medical
581	581	provider relating to the child's medical care, transferred the
582	582	child's medical care to a new medical provider, or transferred the
583	583	child to another health care facility;
584	584	(7) allowed the child to engage in independent
585	585	activities that are appropriate and typical for the child's level
586	586	of maturity, physical condition, developmental abilities, or
587	587	culture; or
588	588	(8) tested positive for marihuana, unless the
589	589	department has evidence that the parent's use of marihuana has
590	590	caused significant impairment to the child's physical or mental
591	591	health or emotional development.
592	592	SECTION 3.03. Section 443.202(a), Health and Safety Code,
593	593	is amended to read as follows:
594	594	(a) This section does not apply to medical [low-THC]
595	595	cannabis regulated under Chapter 487.
596	596	SECTION 3.04. Section 443.2025(a), Health and Safety Code,
597	597	is amended to read as follows:
598	598	(a) This section does not apply to medical [low-THC]
599	599	cannabis regulated under Chapter 487.
600	600	SECTION 3.05. Section 481.062(a), Health and Safety Code,
601	601	is amended to read as follows:
602	602	(a) The following persons may possess a controlled
603	603	substance under this chapter without registering with the Federal
604	604	Drug Enforcement Administration:
605	605	(1) an agent or employee of a manufacturer,
606	606	distributor, analyzer, or dispenser of the controlled substance who
607	607	is registered with the Federal Drug Enforcement Administration and
608	608	acting in the usual course of business or employment;
609	609	(2) a common or contract carrier, a warehouseman, or
610	610	an employee of a carrier or warehouseman whose possession of the
611	611	controlled substance is in the usual course of business or
612	612	employment;
613	613	(3) an ultimate user or a person in possession of the
614	614	controlled substance under a lawful order of a practitioner or in
615	615	lawful possession of the controlled substance if it is listed in
616	616	Schedule V;
617	617	(4) an officer or employee of this state, another
618	618	state, a political subdivision of this state or another state, or
619	619	the United States who is lawfully engaged in the enforcement of a
620	620	law relating to a controlled substance or drug or to a customs law
621	621	and authorized to possess the controlled substance in the discharge
622	622	of the person's official duties;
623	623	(5) if the substance is tetrahydrocannabinol or one of
624	624	its derivatives:
625	625	(A) a Health and Human Services Commission
626	626	[Department of State Health Services] official, a medical school
627	627	researcher, or a research program participant possessing the
628	628	substance as authorized under Subchapter G; or
629	629	(B) a practitioner or an ultimate user possessing
630	630	the substance as a participant in a federally approved therapeutic
631	631	research program that the commissioner has reviewed and found, in
632	632	writing, to contain a medically responsible research protocol; or
633	633	(6) a person possessing medical cannabis, as defined
634	634	by Section 169.001, Occupations Code, who is authorized to possess
635	635	medical cannabis [dispensing organization licensed] under Chapter
636	636	487 [that possesses low-THC cannabis].
637	637	SECTION 3.06. Sections 481.111(e) and (f), Health and
638	638	Safety Code, are amended to read as follows:
639	639	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
640	640	apply to a person who engages in the acquisition, possession,
641	641	production, cultivation, delivery, or disposal of a raw material
642	642	used in or by-product created by the production or cultivation of
643	643	medical [low-THC] cannabis if the person:
644	644	(1) for an offense involving possession only of
645	645	marihuana or drug paraphernalia, is a cardholder or nonresident
646	646	cardholder authorized under Chapter 487 to possess medical cannabis
647	647	for medical use by a qualifying patient [for whom low-THC cannabis
648	648	is prescribed under Chapter 169, Occupations Code, or the patient's
649	649	legal guardian,] and the person possesses no more than the
650	650	allowable amount of medical [low-THC] cannabis, as determined under
651	651	Section 487.081 [obtained under a valid prescription from a
652	652	dispensing organization]; or
653	653	(2) is a director, manager, or employee of a
654	654	dispensing organization or cannabis testing facility and the
655	655	person, solely in performing the person's regular duties at the
656	656	organization or facility, acquires, possesses, produces,
657	657	cultivates, dispenses, or disposes of:
658	658	(A) in reasonable quantities, any medical
659	659	[low-THC] cannabis or raw materials used in or by-products created
660	660	by the production or cultivation of medical [low-THC] cannabis; or
661	661	(B) any drug paraphernalia used in the
662	662	acquisition, possession, production, cultivation, delivery, or
663	663	disposal of medical [low-THC] cannabis.
664	664	(f) For purposes of Subsection (e):
665	665	(1) "Cannabis testing facility," "cardholder,"
666	666	"dispensing organization," and "nonresident cardholder" have the
667	667	meanings ["Dispensing organization" has the meaning] assigned by
668	668	Section 487.001.
669	669	(2) "Medical cannabis," "medical use," and
670	670	"qualifying patient" have the meanings ["Low-THC cannabis" has the
671	671	meaning] assigned by Section 169.001, Occupations Code.
672	672	SECTION 3.07. Section 490.001(3), Health and Safety Code,
673	673	is amended to read as follows:
674	674	(3) "Investigational drug, biological product, or
675	675	device" means a drug, biological product, or device that has
676	676	successfully completed phase one of a clinical trial but the United
677	677	States Food and Drug Administration or its international equivalent
678	678	has not yet approved for general use and that remains under
679	679	investigation in the clinical trial. The term does not include
680	680	medical [low-THC] cannabis, as defined by Section 169.001,
681	681	Occupations Code, or a product containing marihuana, as defined by
682	682	Section 481.002, regardless of whether the cannabis or product
683	683	successfully completed phase one of a clinical trial.
684	684	SECTION 3.08. Section 551.004, Occupations Code, is amended
685	685	by amending Subsection (a) and adding Subsection (a-1) to read as
686	686	follows:
687	687	(a) This subtitle does not apply to:
688	688	(1) a practitioner licensed by the appropriate state
689	689	board who supplies a patient of the practitioner with a drug in a
690	690	manner authorized by state or federal law and who does not operate a
691	691	pharmacy for the retailing of prescription drugs;
692	692	(2) a member of the faculty of a college of pharmacy
693	693	recognized by the board who is a pharmacist and who performs the
694	694	pharmacist's services only for the benefit of the college;
695	695	(3) a person who procures prescription drugs for
696	696	lawful research, teaching, or testing and not for resale;
697	697	(4) a home and community support services agency that
698	698	possesses a dangerous drug as authorized by Section 142.0061,
699	699	142.0062, or 142.0063, Health and Safety Code; or
700	700	(5) a dispensing organization[, as defined by Section
701	701	487.001, Health and Safety Code,] that cultivates, processes, and
702	702	dispenses medical [low-THC] cannabis, as authorized by Chapter 487,
703	703	Health and Safety Code, to a cardholder or nonresident cardholder
704	704	[patient listed in the compassionate-use registry established
705	705	under that chapter].
706	706	(a-1) For purposes of Subsection (a)(5), "cardholder,"
707	707	"dispensing organization," and "nonresident cardholder" have the
708	708	meanings assigned by Section 487.001, Health and Safety Code.
709	709	ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
710	710	SECTION 4.01. Not later than October 1, 2025, the public
711	711	safety director of the Department of Public Safety shall adopt
712	712	rules as required to implement, administer, and enforce Chapter
713	713	487, Health and Safety Code, as amended by this Act, including rules
714	714	relating to adopting an application for a registry identification
715	715	card, as required by Section 487.056, Health and Safety Code, as
716	716	added by this Act.
717	717	SECTION 4.02. (a) A license to operate as a dispensing
718	718	organization issued under Chapter 487, Health and Safety Code,
719	719	before the effective date of this Act continues to be valid after
720	720	the effective date of this Act until that license expires.
721	721	(b) The registration of a director, manager, or employee of
722	722	a dispensing organization under Subchapter D, Chapter 487, Health
723	723	and Safety Code, continues to be valid after the effective date of
724	724	this Act until that registration expires.
725	725	(c) As soon as practicable after the effective date of this
726	726	Act, the Department of Public Safety shall issue compassionate-use
727	727	registry cards to all individuals listed on that registry on the
728	728	effective date of this Act.
729	729	SECTION 4.03. This Act takes effect immediately if it
730	730	receives a vote of two-thirds of all the members elected to each
731	731	house, as provided by Section 39, Article III, Texas Constitution.
732	732	If this Act does not receive the vote necessary for immediate
733	733	effect, this Act takes effect September 1, 2025.