Texas 2025 - 89th Regular

Texas House Bill HB46 Compare Versions

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

Old	New	Differences
1	1	89R18491 RDR-F
2	2	By: King H.B. No. 46
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the medical use of low-THC cannabis under and the
10	10	administration of the Texas Compassionate-Use Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 487.101, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 487.101. LICENSE REQUIRED. (a) A license issued by the
15	15	department under this chapter is required to operate a dispensing
16	16	organization.
17	17	(b) A dispensing organization licensed under this chapter
18	18	is not required to apply for an additional license for the use of a
19	19	satellite location for secure storage of low-THC cannabis if:
20	20	(1) the address of the satellite location was included
21	21	in the application; or
22	22	(2) the dispensing organization obtains approval from
23	23	the department under Section 487.1035.
24	24	SECTION 2. Section 487.103(b), Health and Safety Code, is
25	25	amended to read as follows:
26	26	(b) The application must include:
27	27	(1) the name and address of the applicant;
28	28	(2)[,] the name and address of each of the applicant's
29	29	directors, managers, and employees;
30	30	(3) the address of any satellite location that will be
31	31	used by the applicant for secure storage of low-THC cannabis under
32	32	Section 487.1035;[,] and
33	33	(4) any other information considered necessary by the
34	34	department to determine the applicant's eligibility for the
35	35	license.
36	36	SECTION 3. Subchapter C, Chapter 487, Health and Safety
37	37	Code, is amended by adding Section 487.1035 to read as follows:
38	38	Sec. 487.1035. SATELLITE LOCATIONS. (a) A dispensing
39	39	organization licensed under this chapter may operate one or more
40	40	satellite locations in addition to the organization's primary
41	41	location to securely store low-THC cannabis for distribution.
42	42	(b) A satellite location must be approved by the department
43	43	before a dispensing organization may operate the location. A
44	44	dispensing organization may apply for approval in the form and
45	45	manner prescribed by the department.
46	46	(c) The department shall adopt rules regarding the design
47	47	and security requirements for satellite locations.
48	48	SECTION 4. Section 487.104, Health and Safety Code, is
49	49	amended by adding Subsections (d) and (e) to read as follows:
50	50	(d) The department shall issue 11 licenses under this
51	51	section to dispensing organizations in this state provided that the
52	52	department receives applications from a sufficient number of
53	53	applicants meeting the requirements for approval under this
54	54	subchapter.
55	55	(e) The department shall issue and renew licenses under this
56	56	section in a manner that ensures adequate access to low-THC
57	57	cannabis for patients registered in the compassionate-use registry
58	58	in each public health region designated under Section 121.007.
59	59	SECTION 5. Subchapter C, Chapter 487, Health and Safety
60	60	Code, is amended by adding Section 487.1045 to read as follows:
61	61	Sec. 487.1045. REQUIREMENT OF LICENSE HOLDER TO BEGIN AND
62	62	MAINTAIN OPERATIONS. (a) An applicant issued a license to operate a
63	63	dispensing organization must begin dispensing low-THC cannabis not
64	64	later than 24 months after the date the license is issued and
65	65	continue dispensing low-THC cannabis during the term of a license
66	66	issued under this subchapter.
67	67	(b) The department shall adopt rules to:
68	68	(1) monitor whether a dispensing organization is using
69	69	a license issued under this subchapter to dispense low-THC
70	70	cannabis; and
71	71	(2) revoke the license of a dispensing organization
72	72	that does not dispense low-THC cannabis within the time required by
73	73	this section or that discontinues dispensing low-THC cannabis
74	74	during the term of a license.
75	75	SECTION 6. Section 487.107, Health and Safety Code, is
76	76	amended by adding Subsection (c) to read as follows:
77	77	(c) A dispensing organization may not dispense to a person
78	78	low-THC cannabis in a package or container that contains more than a
79	79	total of 1.2 grams of tetrahydrocannabinols.
80	80	SECTION 7. Section 487.201, Health and Safety Code, is
81	81	amended to read as follows:
82	82	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
83	83	LOW-THC CANNABIS. A municipality, county, or other political
84	84	subdivision may not enact, adopt, or enforce a rule, ordinance,
85	85	order, resolution, or other regulation that prohibits the
86	86	cultivation, production, storage, dispensing, or possession of
87	87	low-THC cannabis, as authorized by this chapter.
88	88	SECTION 8. Sections 169.001(3), (4), and (5), Occupations
89	89	Code, are amended to read as follows:
90	90	(3) "Low-THC cannabis" means the plant Cannabis sativa
91	91	L., and any part of that plant or any compound, manufacture, salt,
92	92	derivative, mixture, preparation, resin, or oil of that plant that
93	93	contains not more than 20 milligrams [one percent by weight] of
94	94	tetrahydrocannabinols in each dosage unit.
95	95	(4) "Medical use" means the ingestion, absorption, or
96	96	insertion by a means of administration other than by smoking of a
97	97	prescribed amount of low-THC cannabis by a person for whom low-THC
98	98	cannabis is prescribed under this chapter.
99	99	(5) "Smoking" means burning or igniting a substance
100	100	and inhaling the smoke. The term does not include inhaling a
101	101	medication or other substance that is otherwise aerosolized or
102	102	vaporized for administration by pulmonary inhalation.
103	103	SECTION 9. Section 169.003, Occupations Code, is amended to
104	104	read as follows:
105	105	Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A
106	106	physician described by Section 169.002 may prescribe low-THC
107	107	cannabis to a patient if:
108	108	(1) the patient is a permanent resident of the state;
109	109	(2) the physician complies with the registration
110	110	requirements of Section 169.004; and
111	111	(3) the physician certifies to the department that:
112	112	(A) the patient is diagnosed with:
113	113	(i) epilepsy;
114	114	(ii) a seizure disorder;
115	115	(iii) multiple sclerosis;
116	116	(iv) spasticity;
117	117	(v) amyotrophic lateral sclerosis;
118	118	(vi) autism;
119	119	(vii) cancer;
120	120	(viii) an incurable neurodegenerative
121	121	disease;
122	122	(ix) post-traumatic stress disorder; or
123	123	(x) a medical condition that is approved
124	124	for a research program under Subchapter F, Chapter 487, Health and
125	125	Safety Code, and for which the patient is receiving treatment under
126	126	that program; and
127	127	(B) the physician determines the risk of the
128	128	medical use of low-THC cannabis by the patient is reasonable in
129	129	light of the potential benefit for the patient.
130	130	(b) Each prescription issued by a physician to a patient for
131	131	low-THC cannabis may only provide for a 90-day supply of low-THC
132	132	cannabis based on the dosage prescribed to the patient.
133	133	SECTION 10. Chapter 169, Occupations Code, is amended by
134	134	adding Section 169.006 to read as follows:
135	135	Sec. 169.006. ADMINISTRATION OF LOW-THC CANNABIS BY
136	136	PULMONARY INHALATION. (a) A physician may prescribe pulmonary
137	137	inhalation of an aerosol or vapor as a means of administration of
138	138	low-THC cannabis if the physician determines that based on the
139	139	patient's condition there is a medical necessity for that means of
140	140	administration.
141	141	(b) The executive commissioner of the Health and Human
142	142	Services Commission shall adopt rules related to medical devices
143	143	for pulmonary inhalation of low-THC cannabis.
144	144	SECTION 11. Not later than October 1, 2025:
145	145	(1) the Department of Public Safety shall adopt the
146	146	rules necessary to implement Sections 487.1035 and 487.1045, Health
147	147	and Safety Code, as added by this Act; and
148	148	(2) the executive commissioner of the Health and Human
149	149	Services Commission shall adopt the rules necessary to implement
150	150	Section 169.006, Occupations Code, as added by this Act.
151	151	SECTION 12. This Act takes effect September 1, 2025.