Texas 2025 - 89th Regular

Texas Senate Bill SB1505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R13474 RDR-F
1	2		By: Perry S.B. No. 1505
2		-	(In the Senate - Filed February 20, 2025;
3		-	February 26, 2025, read first time and referred to Committee on
4		-	State Affairs; March 17, 2025, reported favorably by the following
5		-	vote: Yeas 11, Nays 0; March 17, 2025, sent to printer.)
6		-	Click here to see the committee vote
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	4	+
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the medical use of low-THC cannabis under and the
12	10		administration of the Texas Compassionate-Use Program.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 487.101, Health and Safety Code, is
15	13		amended to read as follows:
16		-	Sec. 487.101. LICENSE REQUIRED. (a) A license issued by
17		-	~~the~~ department under this chapter is required to operate a
18		-	~~dispensing~~ organization.
	14	+	Sec. 487.101. LICENSE REQUIRED. (a) A license issued by the
	15	+	department under this chapter is required to operate a dispensing
	16	+	organization.
19	17		(b) A dispensing organization licensed under this chapter
20	18		is not required to apply for an additional license for the use of a
21	19		satellite location for secure storage of low-THC cannabis if:
22	20		(1) the address of the satellite location was included
23	21		in the application; or
24	22		(2) the dispensing organization obtains approval from
25	23		the department under Section 487.1035.
26	24		SECTION 2. Section 487.103(b), Health and Safety Code, is
27	25		amended to read as follows:
28	26		(b) The application must include:
29	27		(1) the name and address of the applicant;
30	28		(2)[,] the name and address of each of the applicant's
31	29		directors, managers, and employees;
32	30		(3) the address of any satellite location that will be
33	31		used by the applicant for secure storage of low-THC cannabis under
34	32		Section 487.1035;[,] and
35	33		(4) any other information considered necessary by the
36	34		department to determine the applicant's eligibility for the
37	35		license.
38	36		SECTION 3. Subchapter C, Chapter 487, Health and Safety
39	37		Code, is amended by adding Section 487.1035 to read as follows:
40	38		Sec. 487.1035. SATELLITE LOCATIONS. (a) A dispensing
41	39		organization licensed under this chapter may operate one or more
42	40		satellite locations in addition to the organization's primary
43	41		location to securely store low-THC cannabis for distribution.
44	42		(b) A satellite location must be approved by the department
45	43		before a dispensing organization may operate the location. A
46	44		dispensing organization may apply for approval in the form and
47	45		manner prescribed by the department.
48	46		(c) The department shall adopt rules regarding the design
49	47		and security requirements for satellite locations.
50	48		SECTION 4. Section 487.104, Health and Safety Code, is
51	49		amended by adding Subsections (d) and (e) to read as follows:
52	50		(d) The department may issue not more than six licenses
53	51		under this section for dispensing organizations in this state.
54	52		(e) The department shall issue and renew licenses under this
55	53		section in a manner that ensures adequate access to low-THC
56	54		cannabis for patients registered in the compassionate-use registry
57	55		in each public health region designated under Section 121.007.
58	56		SECTION 5. Subchapter C, Chapter 487, Health and Safety
59	57		Code, is amended by adding Section 487.1045 to read as follows:
60	58		Sec. 487.1045. REQUIREMENT OF LICENSE HOLDER TO BEGIN AND
61		-	MAINTAIN OPERATIONS. (a) An applicant issued a license to operate
62		-	a dispensing organization must begin dispensing low-THC cannabis
63		-	~~not~~ later than 24 months after the date the license is issued and
	59	+	MAINTAIN OPERATIONS. (a) An applicant issued a license to operate a
	60	+	dispensing organization must begin dispensing low-THC cannabis not
	61	+	later than 24 months after the date the license is issued and
64	62		continue dispensing low-THC cannabis during the term of a license
65	63		issued under this subchapter.
66	64		(b) The department shall adopt rules to:
67	65		(1) monitor whether a dispensing organization is using
68	66		a license issued under this subchapter to dispense low-THC
69	67		cannabis; and
70	68		(2) revoke the license of a dispensing organization
71	69		that does not dispense low-THC cannabis within the time required by
72	70		this section or that discontinues dispensing low-THC cannabis
73	71		during the term of a license.
74	72		SECTION 6. Section 487.107, Health and Safety Code, is
75	73		amended by adding Subsection (c) to read as follows:
76	74		(c) A dispensing organization may not dispense to a person
77	75		low-THC cannabis in a package or container that contains more than a
78	76		total of 300 milligrams of tetrahydrocannabinols.
79	77		SECTION 7. Section 487.201, Health and Safety Code, is
80	78		amended to read as follows:
81	79		Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
82	80		LOW-THC CANNABIS. A municipality, county, or other political
83	81		subdivision may not enact, adopt, or enforce a rule, ordinance,
84	82		order, resolution, or other regulation that prohibits the
85	83		cultivation, production, storage, dispensing, or possession of
86	84		low-THC cannabis, as authorized by this chapter.
87	85		SECTION 8. Sections 169.001(3), (4), and (5), Occupations
88	86		Code, are amended to read as follows:
89	87		(3) "Low-THC cannabis" means the plant Cannabis sativa
90	88		L., and any part of that plant or any compound, manufacture, salt,
91	89		derivative, mixture, preparation, resin, or oil of that plant that
92	90		contains not more than five milligrams [one percent by weight] of
93	91		tetrahydrocannabinols in each dosage unit.
94	92		(4) "Medical use" means the ingestion, absorption, or
95	93		insertion by a means of administration other than by smoking of a
96	94		prescribed amount of low-THC cannabis by a person for whom low-THC
97	95		cannabis is prescribed under this chapter.
98	96		(5) "Smoking" means burning or igniting a substance
99	97		and inhaling the smoke. The term does not include inhaling a
100	98		medication or other substance that is otherwise aerosolized or
101	99		vaporized for administration by pulmonary inhalation.
102	100		SECTION 9. Section 169.003, Occupations Code, is amended to
103	101		read as follows:
104	102		Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A
105	103		physician described by Section 169.002 may prescribe low-THC
106	104		cannabis to a patient if:
107	105		(1) the patient is a permanent resident of the state;
108	106		(2) the physician complies with the registration
109	107		requirements of Section 169.004; and
110	108		(3) the physician certifies to the department that:
111	109		(A) the patient is diagnosed with:
112	110		(i) epilepsy;
113	111		(ii) a seizure disorder;
114	112		(iii) multiple sclerosis;
115	113		(iv) spasticity;
116	114		(v) amyotrophic lateral sclerosis;
117	115		(vi) autism;
118	116		(vii) cancer;
119	117		(viii) an incurable neurodegenerative
120	118		disease;
121	119		(ix) post-traumatic stress disorder; or
122	120		(x) a medical condition that is approved
123	121		for a research program under Subchapter F, Chapter 487, Health and
124	122		Safety Code, and for which the patient is receiving treatment under
125	123		that program; and
126	124		(B) the physician determines the risk of the
127	125		medical use of low-THC cannabis by the patient is reasonable in
128	126		light of the potential benefit for the patient.
129	127		(b) Each prescription issued by a physician to a patient for
130	128		low-THC cannabis may only provide for a 90-day supply of low-THC
131	129		cannabis based on the dosage prescribed to the patient.
132	130		SECTION 10. Chapter 169, Occupations Code, is amended by
133	131		adding Section 169.006 to read as follows:
134	132		Sec. 169.006. ADMINISTRATION OF LOW-THC CANNABIS BY
135	133		PULMONARY INHALATION. (a) A physician may prescribe pulmonary
136	134		inhalation of an aerosol or vapor as a means of administration of
137	135		low-THC cannabis if the physician determines that based on the
138	136		patient's condition there is a medical necessity for that means of
139	137		administration.
140	138		(b) The executive commissioner of the Health and Human
141	139		Services Commission shall adopt rules related to medical devices
142	140		for pulmonary inhalation of low-THC cannabis.
143	141		SECTION 11. Not later than October 1, 2025:
144	142		(1) the Department of Public Safety shall adopt the
145	143		rules necessary to implement Sections 487.1035 and 487.1045, Health
146	144		and Safety Code, as added by this Act; and
147	145		(2) the executive commissioner of the Health and Human
148	146		Services Commission shall adopt the rules necessary to implement
149	147		Section 169.006, Occupations Code, as added by this Act.
150	148		SECTION 12. This Act takes effect September 1, 2025.
151		-	* * * * *