Texas 2025 - 89th Regular

Texas Senate Bill SB170 Compare Versions

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

Old	New	Differences
1	1	89R3209 LHC-F
2	2	By: Menéndez S.B. No. 170
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, delivery, sale, and research of medical cannabis for
11	11	medical use by patients with certain medical conditions and the
12	12	licensing of medical cannabis organizations; authorizing fees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. FINDINGS AND PURPOSE
15	15	SECTION 1.01. LEGISLATIVE FINDINGS; PURPOSE. The
16	16	legislature finds that:
17	17	(1) scientific evidence suggests that medical
18	18	cannabis is one potential therapy that may mitigate suffering,
19	19	enhance quality of life, and offer potential treatment of certain
20	20	medical conditions;
21	21	(2) Texas patients should have reasonable statewide
22	22	access to medical cannabis subject to safeguards for public health
23	23	and safety;
24	24	(3) a seriously ill patient who engages in medical use
25	25	of cannabis on a treating practitioner's advice should not be
26	26	arrested, incarcerated, or otherwise punished for violation of drug
27	27	laws;
28	28	(4) where patients are suffering from certain medical
29	29	conditions, they and their physicians should have a right to try
30	30	medical cannabis as an alternative medicine through a safe and
31	31	regulated program; and
32	32	(5) Texas has a wealth of esteemed research
33	33	institutions from medical to agricultural that can greatly
34	34	contribute to the advancement of research on the safe cultivation,
35	35	manufacturing, and use of medical cannabis.
36	36	ARTICLE 2. MEDICAL CANNABIS RESEARCH PROGRAM
37	37	SECTION 2.01. Subtitle A, Title 6, Health and Safety Code,
38	38	is amended by adding Chapter 446 to read as follows:
39	39	CHAPTER 446. MEDICAL CANNABIS RESEARCH PROGRAM
40	40	SUBCHAPTER A. GENERAL PROVISIONS
41	41	Sec. 446.001. SHORT TITLE. This chapter may be cited as the
42	42	Medical Cannabis Research Act.
43	43	Sec. 446.002. DEFINITIONS. In this chapter:
44	44	(1) "Advisory board" means the medical cannabis
45	45	research advisory board established under this chapter.
46	46	(2) "License" means a medical cannabis research
47	47	license issued by the department under Subchapter C.
48	48	(3) "License holder" means a person who holds a
49	49	medical cannabis research license.
50	50	(4) "Medical cannabis" has the meaning assigned by
51	51	Section 169.001, Occupations Code.
52	52	SUBCHAPTER B. MEDICAL CANNABIS RESEARCH ADVISORY BOARD
53	53	Sec. 446.051. ESTABLISHMENT OF ADVISORY BOARD. (a) A
54	54	medical cannabis research advisory board is established to perform
55	55	functions and duties under this chapter.
56	56	(b) The executive commissioner shall assist the advisory
57	57	board as provided by this chapter.
58	58	Sec. 446.052. MEMBERSHIP. (a) The advisory board members
59	59	are appointed by the governor and serve staggered six-year terms,
60	60	with the terms of one-third of the members, or as near to one-third
61	61	as possible, expiring on August 31 of each odd-numbered year.
62	62	(b) The advisory board shall be composed of the following 11
63	63	members:
64	64	(1) a licensed physician certified by the American
65	65	Board of Internal Medicine and certified in the subspecialty of
66	66	medical oncology;
67	67	(2) a licensed physician certified by the American
68	68	Board of Surgery;
69	69	(3) a licensed physician certified by the American
70	70	Board of Psychiatry and Neurology;
71	71	(4) a licensed physician certified by the American
72	72	Board of Family Medicine;
73	73	(5) a licensed physician certified in neurology with a
74	74	special qualification in child neurology;
75	75	(6) a licensed physician specializing in pain
76	76	management certified by the American Board of Anesthesiology, the
77	77	American Board of Psychiatry and Neurology, or the American Board
78	78	of Physical Medicine and Rehabilitation;
79	79	(7) a licensed pharmacist;
80	80	(8) a licensed advanced practice registered nurse
81	81	specializing in palliative care certified by the Hospice and
82	82	Palliative Credentialing Center or a licensed physician
83	83	specializing in palliative care certified by a member board of the
84	84	American Board of Medical Specialties, the American Osteopathic
85	85	Association, or the Hospice Medical Director Certification Board;
86	86	(9) a representative from a Texas medical specialty
87	87	organization;
88	88	(10) a licensed attorney with experience in law
89	89	pertaining to the practice of medicine and cannabis regulation; and
90	90	(11) a person who represents medical cannabis patient
91	91	interests.
92	92	(c) At least two members of the advisory board must be
93	93	affiliated with an institution of higher education or private or
94	94	independent institution of higher education involved in relevant
95	95	research, such as a medical and dental unit, general academic
96	96	teaching institution, or other agency of higher education, as
97	97	defined by Section 61.003, Education Code.
98	98	(d) The governor shall select a presiding officer from the
99	99	membership of the advisory board.
100	100	(e) The advisory board shall meet at least quarterly at the
101	101	call of the presiding officer.
102	102	(f) The advisory board may create and appoint one or more
103	103	advisory committees composed of patients, law enforcement
104	104	officers, researchers, other medical professionals, and other
105	105	persons who are knowledgeable about the medical use of cannabis.
106	106	(g) Members serve without compensation but are entitled to
107	107	reimbursement for actual and necessary expenses incurred in
108	108	performing official duties.
109	109	Sec. 446.053. DUTIES OF ADVISORY BOARD; REPORT. (a) The
110	110	advisory board shall assist the department in evaluating proposals
111	111	submitted as part of a license application under Section 446.104.
112	112	(b) The advisory board shall conduct a continuing study of
113	113	the laws relating to medical cannabis to facilitate statewide
114	114	access to safe and effective medical cannabis.
115	115	(c) The advisory board shall prepare a report of the board's
116	116	findings and recommendations under Subsection (b) and submit the
117	117	report to the legislature not later than September 1 of each
118	118	even-numbered year.
119	119	(d) The advisory board shall consult with the public safety
120	120	director of the Department of Public Safety under Section
121	121	487.0521(b) on rules monitoring the safety and efficacy of medical
122	122	cannabis or medical cannabis products.
123	123	(e) Chapter 2110, Government Code, does not apply to the
124	124	advisory board.
125	125	SUBCHAPTER C. MEDICAL CANNABIS RESEARCH LICENSE
126	126	Sec. 446.101. ISSUANCE OF LICENSE. The department shall
127	127	issue a medical cannabis research license to a person that
128	128	authorizes the person to possess, manufacture, cultivate, or
129	129	dispense medical cannabis for the limited research purposes
130	130	described by Section 446.102.
131	131	Sec. 446.102. PURPOSE OF LICENSE. A medical cannabis
132	132	research license may be issued for the following limited research
133	133	purposes:
134	134	(1) conducting objective scientific research into the
135	135	safety and efficacy of medical cannabis or other public health
136	136	outcomes related to medical cannabis;
137	137	(2) developing medical guidelines for the appropriate
138	138	administration of medical cannabis to assist physicians and
139	139	patients in evaluating the risks and benefits of medical cannabis
140	140	and to provide a scientific basis for future policies;
141	141	(3) developing quality control, purity, and labeling
142	142	standards for medical cannabis;
143	143	(4) developing best practices for the safe and
144	144	efficient cultivation of medical cannabis;
145	145	(5) analyzing genetic and healing properties of
146	146	different varieties of cannabis;
147	147	(6) conducting genomic, horticultural, or
148	148	agricultural research; and
149	149	(7) conducting research on cannabis-affiliated
150	150	products or systems.
151	151	Sec. 446.103. APPLICATION FOR LICENSE. (a) As part of the
152	152	application process for a license, an applicant shall submit to the
153	153	department and the advisory board a description of the research
154	154	that the applicant intends to conduct. The department shall grant
155	155	the license if:
156	156	(1) the department determines that the application
157	157	meets the criteria for the issuance of a license described by
158	158	Section 446.102 and Subchapter C, Chapter 487; and
159	159	(2) the advisory board recommends the application for
160	160	approval under Section 446.104(b).
161	161	(b) The department may not grant a license if the advisory
162	162	board does not recommend the application for approval.
163	163	Sec. 446.104. REVIEW BY ADVISORY BOARD. (a) The advisory
164	164	board shall review each applicant's research project to assess the
165	165	following:
166	166	(1) the quality, study design, value, and impact of
167	167	the project;
168	168	(2) whether the research supports the purposes
169	169	described by Section 446.102;
170	170	(3) whether the applicant has the appropriate
171	171	personnel, expertise, facilities, infrastructure, funding, and
172	172	approvals in place to successfully conduct the project; and
173	173	(4) whether the amount of cannabis to be grown by the
174	174	applicant is consistent with the scope and goals of the project.
175	175	(b) If the advisory board determines that the research
176	176	project meets the requirements of this subchapter and the applicant
177	177	satisfies the criteria described by Subsection (a), the advisory
178	178	board may recommend that a license be granted to the applicant for
179	179	the project.
180	180	Sec. 446.105. CONTRACTS. A license holder may contract to
181	181	perform research in conjunction with another license holder, a
182	182	medical school, as defined by Section 61.501, Education Code, a
183	183	hospital licensed under Chapter 241, or an institution of higher
184	184	education or private or independent institution of higher education
185	185	involved in relevant research, such as a general academic teaching
186	186	institution, medical and dental unit, or other agency of higher
187	187	education, as defined by Section 61.003, Education Code.
188	188	Sec. 446.106. TRANSFER OF CANNABIS TO OTHER LICENSE HOLDER.
189	189	Unless otherwise authorized by the department, a license holder may
190	190	only transfer, by sale or donation, cannabis grown or processed
191	191	within the license holder's operation to another license holder or
192	192	program participant as authorized by department rule.
193	193	Sec. 446.107. LIMITATION OF LIABILITY. The growing,
194	194	cultivating, possessing, or transferring, by sale or donation, of
195	195	cannabis in accordance with this subchapter and the rules adopted
196	196	under this subchapter, by a license holder may not be the basis of
197	197	criminal or civil liability.
198	198	Sec. 446.108. FEES. The executive commissioner shall set
199	199	license and renewal fees in an amount sufficient to administer this
200	200	chapter.
201	201	Sec. 446.109. RULES. The executive commissioner shall, in
202	202	consultation with the advisory board and the Public Safety
203	203	Commission of the Department of Public Safety, adopt rules to
204	204	implement this chapter, including:
205	205	(1) license application requirements;
206	206	(2) license renewal requirements, including the
207	207	consideration or addition of additional research projects by a
208	208	license holder;
209	209	(3) grounds for license revocation;
210	210	(4) security measures to ensure cannabis is not
211	211	diverted to purposes other than research;
212	212	(5) license holder reporting requirements;
213	213	(6) conditions under which cannabis grown by licensed
214	214	cannabis cultivators and other product types from licensed cannabis
215	215	processors may be donated to license holders; and
216	216	(7) additional rules the executive commissioner
217	217	considers necessary.
218	218	ARTICLE 3. CHANGES TO TEXAS COMPASSIONATE USE PROGRAM
219	219	SECTION 3.01. Section 487.001, Health and Safety Code, is
220	220	amended to read as follows:
221	221	Sec. 487.001. DEFINITIONS. In this chapter:
222	222	(1) "Caregiver" means a person who has a significant
223	223	responsibility for managing the well-being of a registered patient.
224	224	A caregiver may be either an individual or an organization or other
225	225	entity, including a long-term care facility, other health care
226	226	organization, or public institution.
227	227	(2) "Department" means the Department of Public
228	228	Safety.
229	229	(3) [(2)] "Director" means the public safety director
230	230	of the department.
231	231	[(3) "Dispensing organization" means an organization
232	232	licensed by the department to cultivate, process, and dispense
233	233	low-THC cannabis to a patient for whom low-THC cannabis is
234	234	prescribed under Chapter 169, Occupations Code.]
235	235	(4) "Medical [Low-THC] cannabis" has the meaning
236	236	assigned by Section 169.001, Occupations Code.
237	237	(5) "Medical cannabis organization" means any
238	238	organization that cultivates, processes, manufactures,
239	239	distributes, researches, tests, dispenses, or conducts other
240	240	business regarding medical cannabis as authorized by a license
241	241	issued by the department under this chapter.
242	242	(6) "Medical cannabis product" means a product, other
243	243	than cannabis itself, which contains or is derived from cannabis.
244	244	The term does not include a product derived from hemp, as defined by
245	245	Section 121.001, Agriculture Code, or a consumable hemp product, as
246	246	defined by Section 443.001 of this code.
247	247	(7) "Medical use" has the meaning assigned by Section
248	248	169.001, Occupations Code.
249	249	SECTION 3.02. Subchapter A, Chapter 487, Health and Safety
250	250	Code, is amended by adding Section 487.002 to read as follows:
251	251	Sec. 487.002. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. The
252	252	allowable amount of medical cannabis for a person for whom medical
253	253	use is recommended under Chapter 169, Occupations Code, is an
254	254	amount of cannabis in any form approved by the physician possessed
255	255	by a qualified patient or collectively possessed by a qualified
256	256	patient and the qualified patient's caregiver that is:
257	257	(1) not more than reasonably necessary to ensure the
258	258	uninterrupted availability of cannabis for a period of three months
259	259	based on the individual patient's recommended amount of medical
260	260	cannabis; and
261	261	(2) obtained solely from a medical cannabis
262	262	organization.
263	263	SECTION 3.03. Chapter 487, Health and Safety Code, is
264	264	amended by adding Subchapter A-1 to read as follows:
265	265	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
266	266	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
267	267	section applies to a person who is:
268	268	(1) a patient for whom medical use is recommended
269	269	under Chapter 169, Occupations Code, or the parent, legal guardian,
270	270	or caregiver of a patient;
271	271	(2) a medical cannabis organization;
272	272	(3) a director, manager, or employee of a medical
273	273	cannabis organization who is registered with the department under
274	274	Section 487.053;
275	275	(4) a medical cannabis research license holder under
276	276	Chapter 446; or
277	277	(5) a person participating as a researcher or patient
278	278	in an approved research program under Subchapter G, Chapter 481.
279	279	(b) Notwithstanding any other law, a person described by
280	280	Subsection (a) is not subject to arrest, prosecution, or penalty in
281	281	any manner, or denial of any right or privilege, including any civil
282	282	penalty or disciplinary action by a court or occupational or
283	283	professional licensing board or bureau, for conduct involving
284	284	medical use that is authorized under this chapter, Chapter 446 of
285	285	this code, Subchapter G, Chapter 481, of this code, Chapter 169,
286	286	Occupations Code, or department rule.
287	287	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
288	288	ENDANGERMENT. A person described by Section 487.021(a) may not be
289	289	presumed to have engaged in conduct constituting child abuse,
290	290	neglect, or endangerment solely because the person engaged in
291	291	conduct involving medical use that is authorized under this
292	292	chapter, Chapter 446 of this code, Subchapter G, Chapter 481, of
293	293	this code, Chapter 169, Occupations Code, or department rule.
294	294	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
295	295	person described by Section 487.021(a) engages in conduct
296	296	authorized under this chapter, Chapter 446 of this code, Subchapter
297	297	G, Chapter 481, of this code, Chapter 169, Occupations Code, or
298	298	department rule, does not in itself constitute grounds for denying,
299	299	limiting, or restricting conservatorship or possession of or access
300	300	to a child under Title 5, Family Code.
301	301	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
302	302	the cultivation, research, testing, processing, distribution,
303	303	transportation, and delivery of medical cannabis for medical use
304	304	that is authorized under this chapter, Chapter 446 of this code,
305	305	Subchapter G, Chapter 481, of this code, Chapter 169, Occupations
306	306	Code, or department rule, is not contraband for purposes of Chapter
307	307	59, Code of Criminal Procedure, and is not subject to seizure or
308	308	forfeiture under that chapter or other law solely for the use of the
309	309	property in those authorized activities.
310	310	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
311	311	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
312	312	the imposition of any sentence or penalty for the delivery,
313	313	possession with intent to deliver, or manufacture of any item that
314	314	meets the definition of drug paraphernalia, as defined by Section
315	315	481.002, if that item is delivered, possessed with intent to
316	316	deliver, or manufactured for the sole purpose of providing that
317	317	item to:
318	318	(1) a patient for whom medical use is recommended
319	319	under Chapter 169, Occupations Code, or the parent, legal guardian,
320	320	or caregiver of a patient;
321	321	(2) a medical cannabis organization;
322	322	(3) a director, manager, or employee of a medical
323	323	cannabis organization who is registered with the department under
324	324	Section 487.053;
325	325	(4) a medical cannabis research license holder under
326	326	Chapter 446; or
327	327	(5) a person participating as a researcher or patient
328	328	in an approved research program under Subchapter G, Chapter 481.
329	329	Sec. 487.026. NO PUNISHMENT FOR STUDENT PATIENTS AND THEIR
330	330	CAREGIVERS. Notwithstanding any other law:
331	331	(1) a student enrolled in any school, junior college,
332	332	college, university, or other educational institution for whom
333	333	medical cannabis was recommended under Chapter 169, Occupations
334	334	Code, may not be subject to suspension, expulsion, placement in a
335	335	disciplinary alternative education program, or any other form of
336	336	discipline solely because the student possessed, used, or received
337	337	a valid recommendation for medical cannabis; and
338	338	(2) a health care professional providing services at
339	339	any school, junior college, college, university, or other
340	340	educational institution may not be subject to any discipline solely
341	341	for assisting a student in the administration of medical cannabis.
342	342	SECTION 3.04. Section 487.052, Health and Safety Code, is
343	343	amended to read as follows:
344	344	Sec. 487.052. RULES; FEES. (a) The director shall adopt
345	345	any rules necessary for the administration and enforcement of this
346	346	chapter.
347	347	(b) The director shall adopt [, including] rules imposing
348	348	reasonable fees under this chapter in amounts sufficient to cover
349	349	the cost of administering this chapter. The department shall also
350	350	use revenue from fees to establish a cannabis testing and quality
351	351	control fund for the purpose of assisting law enforcement,
352	352	including accredited crime laboratories, to purchase instruments,
353	353	establish methods, and obtain resources needed to conduct forensic
354	354	analysis necessary to enforce this subtitle and to protect the
355	355	health and safety of medical cannabis patients and the public.
356	356	(c) The fees adopted under Subsection (b) may not exceed:
357	357	(1) $5,000 for application fees;
358	358	(2) $100 for registration fees under Subchapter D; and
359	359	(3) reasonable amounts for the issuance or renewal of
360	360	each class of license.
361	361	(d) The director may not adopt rules establishing a total
362	362	limit on the number of medical cannabis organization licenses by
363	363	class that may be granted nor set the price of or production
364	364	quantity of medical cannabis.
365	365	SECTION 3.05. Subchapter B, Chapter 487, Health and Safety
366	366	Code, is amended by adding Sections 487.0521 and 487.0522 to read as
367	367	follows:
368	368	Sec. 487.0521. SAFETY. (a) The director by rule shall
369	369	adopt packaging and labeling requirements for medical cannabis to
370	370	ensure patients are informed and protected. In adopting packaging
371	371	and labeling requirements, the director shall ensure that:
372	372	(1) each medical cannabis package is labeled with the
373	373	cannabinoid potency and terpenes profile of medical cannabis or
374	374	medical cannabis product as determined by an independent testing
375	375	laboratory;
376	376	(2) each medical cannabis product and medical cannabis
377	377	package is labeled with the required warnings as determined by the
378	378	department; and
379	379	(3) the packaging and label of medical cannabis or a
380	380	medical cannabis product:
381	381	(A) do not contain any false or misleading
382	382	statements; and
383	383	(B) are not designed to appeal to children.
384	384	(b) In consultation with the medical cannabis research
385	385	advisory board under Chapter 446, the director shall adopt
386	386	necessary rules to allow the department to monitor the safety and
387	387	efficacy of medical cannabis or medical cannabis products,
388	388	including rules:
389	389	(1) requiring accurate reporting to consumers
390	390	regarding the content of medical cannabis or medical cannabis
391	391	products;
392	392	(2) providing for random testing by the department or
393	393	the department's designee to ensure compliance with labeling and
394	394	reporting requirements; and
395	395	(3) providing for health and safety regulations and
396	396	standards for the manufacture and cultivation of medical cannabis
397	397	and medical cannabis products.
398	398	(c) The director may collect data from medical cannabis
399	399	organizations and health care providers as necessary to enable the
400	400	department to monitor the safety and efficacy of medical cannabis.
401	401	The director may adopt rules for the data collection under this
402	402	subsection.
403	403	Sec. 487.0522. MEDICAL CANNABIS INVENTORY SYSTEM. (a) The
404	404	department shall establish and maintain a medical cannabis
405	405	inventory system that oversees the tracking, tracing, testing, and
406	406	quality control and quality assurance certification of medical
407	407	cannabis and medical cannabis products.
408	408	(b) The department may contract with other entities to
409	409	establish and maintain all or part of the medical cannabis
410	410	inventory system on behalf of the department.
411	411	(c) A medical cannabis organization shall use the medical
412	412	cannabis inventory system approved by the department to keep
413	413	records throughout the cannabis supply chain, including for every
414	414	transaction between license holders and between license holders and
415	415	patients. A medical cannabis organization may additionally use its
416	416	own system for keeping records under this chapter provided the
417	417	organization's system can integrate with the department's medical
418	418	cannabis inventory system as required under this chapter and rules
419	419	adopted under this chapter.
420	420	(d) The records in the medical cannabis inventory system
421	421	must include for each transaction:
422	422	(1) the name, license number, and assigned
423	423	identification number of the license holder that cultivated,
424	424	manufactured, tested, or sold the product;
425	425	(2) the address and phone number of the license holder
426	426	that cultivated, manufactured, tested, or sold the product;
427	427	(3) the type and weight of medical cannabis or medical
428	428	cannabis product transferred or received during the transaction;
429	429	(4) the batch number of the medical cannabis or
430	430	medical cannabis product used;
431	431	(5) the date of the transaction;
432	432	(6) the total spent in dollars; and
433	433	(7) any additional information the department
434	434	requires.
435	435	(e) The records in the medical cannabis inventory system
436	436	must include for each license holder:
437	437	(1) the amount of any medical cannabis waste, in
438	438	pounds;
439	439	(2) all point-of-sale records; and
440	440	(3) any additional information the department
441	441	requires.
442	442	(f) Notwithstanding Subsection (c), before the department
443	443	establishes the medical cannabis inventory system described by that
444	444	subsection, each license holder shall use its own inventory system
445	445	that meets the requirements of this section.
446	446	(g) Each medical cannabis organization has a continuing
447	447	responsibility to maintain records on site that are readily
448	448	available to the department regardless of the functionality of the
449	449	medical cannabis inventory system, including the criteria
450	450	established by this section and any requirements established by
451	451	rule.
452	452	(h) The director shall adopt rules necessary for the
453	453	implementation and enforcement of this section, including rules
454	454	ensuring:
455	455	(1) the department has 24-hour access to the medical
456	456	cannabis inventory system; and
457	457	(2) all inventory records containing patient
458	458	information comply with Chapter 181 and the Health Insurance
459	459	Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
460	460	et seq.).
461	461	SECTION 3.06. The heading to Section 487.053, Health and
462	462	Safety Code, is amended to read as follows:
463	463	Sec. 487.053. LICENSING OF MEDICAL CANNABIS [DISPENSING]
464	464	ORGANIZATIONS AND REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS.
465	465	SECTION 3.07. Section 487.053(a), Health and Safety Code,
466	466	is amended to read as follows:
467	467	(a) The department shall:
468	468	(1) issue or renew a license under Subchapter C to
469	469	operate as a medical cannabis [dispensing] organization to each
470	470	applicant who satisfies the requirements established under this
471	471	chapter for licensure under that class of medical cannabis
472	472	organization; [and]
473	473	(2) register directors, managers, and employees under
474	474	Subchapter D of each medical cannabis [dispensing] organization;
475	475	(3) issue a permit for an additional location to a
476	476	dispensing cannabis organization license holder on application if
477	477	the license holder is in compliance with all eligibility
478	478	requirements and the proposed location complies with any local
479	479	zoning requirements and will assist with ensuring reasonable
480	480	statewide access;
481	481	(4) to ensure reasonable statewide access, issue not
482	482	fewer than the following number of licenses or permits, as
483	483	applicable, for each type of medical cannabis organization provided
484	484	the department receives an adequate number of qualified
485	485	applications:
486	486	(A) dispensing cannabis organization licenses or
487	487	permits for an additional location for a dispensing cannabis
488	488	organization license holder, as applicable, based on population
489	489	within each of the 11 public health regions established by the
490	490	Health and Human Services Commission, as follows:
491	491	(i) 9 in public health region 1;
492	492	(ii) 6 in public health region 2;
493	493	(iii) 82 in public health region 3;
494	494	(iv) 12 in public health region 4;
495	495	(v) 8 in public health region 5;
496	496	(vi) 75 in public health region 6;
497	497	(vii) 37 in public health region 7;
498	498	(viii) 31 in public health region 8;
499	499	(ix) 7 in public health region 9;
500	500	(x) 9 in public health region 10; and
501	501	(xi) 24 in public health region 11;
502	502	(B) one cultivation cannabis organization
503	503	license for every four dispensing cannabis organization licenses;
504	504	(C) one processing cannabis organization license
505	505	for every three dispensing cannabis organization licenses; and
506	506	(D) the number of independent testing cannabis
507	507	organization licenses necessary to meet demand;
508	508	(5) when the number of registered medical cannabis
509	509	patients reaches 100,000, issue not fewer than 24 additional
510	510	dispensing cannabis organization licenses or location permits, as
511	511	applicable, and the appropriate number of other medical cannabis
512	512	organization license types as prescribed by Subdivision (4); and
513	513	(6) for each additional 100,000 registered medical
514	514	cannabis patients beyond the first 100,000 patients described by
515	515	Subdivision (5), issue not fewer than 24 additional dispensing
516	516	cannabis organization licenses or location permits, as applicable,
517	517	and the appropriate number of other medical cannabis organization
518	518	license types as prescribed by Subdivision (4).
519	519	SECTION 3.08. Section 487.054, Health and Safety Code, is
520	520	amended to read as follows:
521	521	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
522	522	department shall establish and maintain a secure online
523	523	compassionate-use registry that contains:
524	524	(1) the name of each physician who registers as a
525	525	physician recommending medical cannabis and for each patient for
526	526	whom the physician has registered:
527	527	(A) [the prescriber for a patient under Section
528	528	169.004, Occupations Code,] the patient's name, and any caregivers'
529	529	names, if applicable;
530	530	(B) the patient's [and] date of birth;
531	531	(C) the nature of the patient's eligible medical
532	532	condition;
533	533	(D) [of the patient,] the dosage recommended;
534	534	(E) [prescribed,] the means of administration
535	535	ordered; [,] and
536	536	(F) the total amount of medical [low-THC]
537	537	cannabis required to fill the patient's recommendation
538	538	[prescription]; and
539	539	(2) a record of each amount of medical [low-THC]
540	540	cannabis dispensed by a medical cannabis [dispensing] organization
541	541	to a patient under a recommendation [prescription].
542	542	(b) The department shall ensure the registry:
543	543	(1) is designed to prevent more than one qualified
544	544	physician from registering as the recommending physician
545	545	[prescriber] for a single patient;
546	546	(2) is accessible to law enforcement agencies and
547	547	medical cannabis [dispensing] organizations licensed to dispense
548	548	medical cannabis for the purpose of verifying whether a patient is
549	549	one for whom medical [low-THC] cannabis is recommended [prescribed]
550	550	and whether the patient's recommendations [prescriptions] have
551	551	been filled; [and]
552	552	(3) allows a physician [qualified to prescribe low-THC
553	553	cannabis under Section 169.002, Occupations Code,] to input safety
554	554	and efficacy data derived from the treatment of patients for whom
555	555	medical [low-THC] cannabis is recommended [prescribed] under
556	556	Chapter 169, Occupations Code, including any severe adverse effects
557	557	due to the medical use of medical cannabis; and
558	558	(4) ensures that all application records and
559	559	information are sealed to protect the privacy of patients.
560	560	(c) The handling of any records maintained in the registry
561	561	must comply with all relevant state and federal privacy laws,
562	562	including Chapter 181.
563	563	SECTION 3.09. Subchapter B, Chapter 487, Health and Safety
564	564	Code, is amended by adding Section 487.055 to read as follows:
565	565	Sec. 487.055. DESIGNATION OF CAREGIVER. (a) A patient
566	566	listed in the compassionate-use registry may designate a caregiver.
567	567	A caregiver designated under this subsection may be either an
568	568	individual or an organization or other entity, including a
569	569	long-term care facility, other health care organization, or public
570	570	institution.
571	571	(b) The department shall develop a form for a patient listed
572	572	in the registry to designate a caregiver under Subsection (a). The
573	573	form must require the patient to provide the full name, home
574	574	address, and date of birth of the patient's caregiver or, in the
575	575	case of a caregiver that is an entity, the entity's name and
576	576	address.
577	577	(c) A caregiver may possess medical cannabis and medical
578	578	cannabis products up to the sum of the possession limits for all
579	579	patients under the caregiver's care.
580	580	(d) The director shall adopt rules necessary to implement
581	581	this section, including rules to provide identification cards for
582	582	designated caregivers.
583	583	SECTION 3.10. The heading to Subchapter C, Chapter 487,
584	584	Health and Safety Code, is amended to read as follows:
585	585	SUBCHAPTER C. LICENSE TO OPERATE AS MEDICAL CANNABIS [DISPENSING]
586	586	ORGANIZATION
587	587	SECTION 3.11. Section 487.101, Health and Safety Code, is
588	588	amended to read as follows:
589	589	Sec. 487.101. LICENSE REQUIRED. (a) A license issued by
590	590	the department under this chapter is required to operate a medical
591	591	cannabis [dispensing] organization.
592	592	(b) The director by rule shall adopt application and
593	593	licensing requirements and privileges of each medical cannabis
594	594	organization license type.
595	595	(c) Medical cannabis organization license types shall
596	596	include the following:
597	597	(1) a cultivating cannabis organization that
598	598	cultivates medical cannabis for sale and distribution to other
599	599	medical cannabis organizations and may process and package medical
600	600	cannabis for individual sale so long as the cannabis is not
601	601	subjected to any chemical alteration;
602	602	(2) a processing cannabis organization that extracts
603	603	medical cannabis and manufactures, prepares, and packages medical
604	604	cannabis products for sale and distribution to other medical
605	605	cannabis organizations;
606	606	(3) a dispensing cannabis organization that sells
607	607	medical cannabis and medical cannabis products to patients;
608	608	(4) an independent testing cannabis organization that
609	609	tests medical cannabis and medical cannabis products for potency,
610	610	safety, and efficacy; and
611	611	(5) any other class of medical cannabis organization
612	612	that the department finds warranted to safely and securely ensure
613	613	reasonable statewide access of medical cannabis for medical use.
614	614	SECTION 3.12. Section 487.102, Health and Safety Code, is
615	615	amended to read as follows:
616	616	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
617	617	license to operate as a medical cannabis [dispensing] organization
618	618	is eligible for the license if:
619	619	(1) as determined by the department, the applicant
620	620	possesses:
621	621	(A) the technical and technological ability
622	622	appropriate for that class of license [to cultivate and produce
623	623	low-THC cannabis];
624	624	(B) the ability to secure:
625	625	(i) the resources and personnel necessary
626	626	to operate as a medical cannabis [dispensing] organization; and
627	627	(ii) for distribution or
628	628	dispensing premises reasonably located to allow patients listed on
629	629	the compassionate-use registry access to the organization through
630	630	existing infrastructure;
631	631	(C) the ability to maintain accountability for
632	632	the raw materials, the finished product, and any by-products used
633	633	or produced in the cultivation or production of medical [low-THC]
634	634	cannabis to prevent unlawful access to or unlawful diversion or
635	635	possession of those materials, products, or by-products; [and]
636	636	(D) the financial ability to maintain operations
637	637	for not less than two years from the date of application; and
638	638	(E) any specific qualifications for licensure
639	639	for each class of license the department requires by rule under this
640	640	chapter that are demonstrably related to the operations authorized
641	641	and duties imposed under that class of license to safely and
642	642	securely provide medical cannabis for medical use to patients;
643	643	(2) each director, manager, or employee of the
644	644	applicant is registered under Subchapter D; and
645	645	(3) the applicant satisfies any additional criteria
646	646	determined by the director to be necessary to safely implement this
647	647	chapter.
648	648	SECTION 3.13. Subchapter C, Chapter 487, Health and Safety
649	649	Code, is amended by adding Section 487.1021 to read as follows:
650	650	Sec. 487.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS AN
651	651	INDEPENDENT CANNABIS TESTING ORGANIZATION. In addition to the
652	652	criteria described by Section 487.102, an applicant for a license
653	653	to operate as an independent cannabis testing organization is
654	654	eligible for the license if the applicant:
655	655	(1) submits proof of accreditation by an independent
656	656	accreditation body in accordance with the International
657	657	Organization for Standardization ISO/IEC 17025 or a comparable or
658	658	successor standard designated by department rule;
659	659	(2) submits proof that it does not share ownership
660	660	interest or joint management with any medical cannabis organization
661	661	whose product the applicant may test except for less than 10 percent
662	662	ownership in a publicly traded company; and
663	663	(3) satisfies any additional criteria determined by
664	664	the department to be necessary for the operation of a cannabis
665	665	testing facility.
666	666	SECTION 3.14. Section 487.103(a), Health and Safety Code,
667	667	is amended to read as follows:
668	668	(a) A person may apply for an initial or renewal license to
669	669	operate as a medical cannabis [dispensing] organization by
670	670	submitting a form prescribed by the department along with the
671	671	application fee in an amount set by the director for that class of
672	672	license.
673	673	SECTION 3.15. Section 487.104(a), Health and Safety Code,
674	674	is amended to read as follows:
675	675	(a) The department shall issue or renew a license to operate
676	676	as a medical cannabis [dispensing] organization [only] if:
677	677	(1) the department determines the applicant meets the
678	678	eligibility requirements described by Section 487.102 or 487.1021,
679	679	as applicable; and
680	680	(2) issuance or renewal of the license would assist
681	681	[is necessary to ensure] reasonable statewide access to, and the
682	682	availability of, medical [low-THC] cannabis for patients
683	683	registered in the compassionate-use registry and for whom medical
684	684	[low-THC] cannabis is recommended [prescribed] under Chapter 169,
685	685	Occupations Code.
686	686	SECTION 3.16. Sections 487.105(a) and (b), Health and
687	687	Safety Code, are amended to read as follows:
688	688	(a) An applicant for the issuance or renewal of a license
689	689	under this subchapter [to operate as a dispensing organization]
690	690	shall provide the department with the applicant's name and the name
691	691	of each of the applicant's directors, managers, and employees.
692	692	(b) Before a medical cannabis [dispensing] organization
693	693	license holder [licensee] hires a manager or employee for the
694	694	organization, the license holder [licensee] must provide the
695	695	department with the name of the prospective manager or employee.
696	696	The license holder [licensee] may not transfer the license to
697	697	another person before that prospective applicant and the
698	698	applicant's directors, managers, and employees pass a criminal
699	699	history background check and any other requirements established by
700	700	the director by rule, and are registered as required by Subchapter
701	701	D.
702	702	SECTION 3.17. Section 487.106, Health and Safety Code, is
703	703	amended to read as follows:
704	704	Sec. 487.106. DUTY TO MAINTAIN ELIGIBILITY. (a) Each
705	705	license holder under this subchapter [A dispensing organization]
706	706	must maintain compliance at all times with the eligibility
707	707	requirements described by Section 487.102 or 487.1021, as
708	708	applicable.
709	709	(b) On request of the department, a license holder must
710	710	provide to the department a reasonably sized sample suitable for
711	711	testing of medical cannabis.
712	712	SECTION 3.18. Section 487.107, Health and Safety Code, is
713	713	amended to read as follows:
714	714	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
715	715	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
716	716	cannabis to a person for whom the medical [low-THC] cannabis is
717	717	recommended [prescribed] under Chapter 169, Occupations Code, the
718	718	medical cannabis [dispensing] organization must verify that the
719	719	recommendation [prescription] presented:
720	720	(1) is for a person listed as a patient in the
721	721	compassionate-use registry;
722	722	(2) matches the entry in the compassionate-use
723	723	registry with respect to the total amount of medical [low-THC]
724	724	cannabis required to fill the recommendation [prescription]; and
725	725	(3) has not previously been filled by a medical
726	726	cannabis [dispensing] organization as indicated by an entry in the
727	727	compassionate-use registry.
728	728	(b) After dispensing medical [low-THC] cannabis to a
729	729	patient for whom the medical [low-THC] cannabis is recommended
730	730	[prescribed] under Chapter 169, Occupations Code, the medical
731	731	cannabis [dispensing] organization shall record in the
732	732	compassionate-use registry the form and quantity of medical
733	733	[low-THC] cannabis dispensed and the date and time of dispensation.
734	734	SECTION 3.19. Sections 487.108(a), (b), and (c), Health and
735	735	Safety Code, are amended to read as follows:
736	736	(a) The department may at any time suspend or revoke a
737	737	license issued under this subchapter [chapter] if the department
738	738	determines that the license holder [licensee] has not maintained
739	739	the eligibility requirements described by Section 487.102 or
740	740	487.1021, as applicable, or has failed to comply with a duty imposed
741	741	under this chapter.
742	742	(b) The director shall give written notice to the license
743	743	holder [dispensing organization] of a license suspension or
744	744	revocation under this section and the grounds for the suspension or
745	745	revocation. The notice must be sent by certified mail, return
746	746	receipt requested.
747	747	(c) After suspending or revoking a license issued under this
748	748	subchapter [chapter], the director may seize or place under seal
749	749	all medical [low-THC] cannabis and drug paraphernalia owned or
750	750	possessed by the license holder [dispensing organization]. If the
751	751	director orders the revocation of the license, a disposition may
752	752	not be made of the seized or sealed medical [low-THC] cannabis or
753	753	drug paraphernalia until the time for administrative appeal of the
754	754	order has elapsed or until all appeals have been concluded. When a
755	755	revocation order becomes final, all medical [low-THC] cannabis and
756	756	drug paraphernalia may be forfeited to the state as provided under
757	757	Subchapter E, Chapter 481.
758	758	SECTION 3.20. Section 487.151(a), Health and Safety Code,
759	759	is amended to read as follows:
760	760	(a) An individual who is a director, manager, or employee of
761	761	a license holder under Subchapter C [dispensing organization] must
762	762	apply for and obtain a registration under this section.
763	763	SECTION 3.21. Section 487.201, Health and Safety Code, is
764	764	amended to read as follows:
765	765	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
766	766	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
767	767	political subdivision may not enact, adopt, or enforce a rule,
768	768	ordinance, order, resolution, or other regulation that prohibits
769	769	the cultivation, production, dispensing, researching, testing, or
770	770	possession of medical [low-THC] cannabis, as authorized by this
771	771	chapter.
772	772	SECTION 3.22. Subchapter F, Chapter 487, Health and Safety
773	773	Code, is repealed.
774	774	ARTICLE 4. RECOMMENDATION OF MEDICAL CANNABIS BY PHYSICIAN
775	775	SECTION 4.01. The heading to Chapter 169, Occupations Code,
776	776	is amended to read as follows:
777	777	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW-THC]
778	778	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
779	779	SECTION 4.02. Section 169.001, Occupations Code, is amended
780	780	to read as follows:
781	781	Sec. 169.001. DEFINITIONS. In this chapter:
782	782	(1) "Department" means the Department of Public
783	783	Safety.
784	784	[(1-a) "Incurable neurodegenerative disease" means a
785	785	disease designated as an incurable neurodegenerative disease by
786	786	rule of the executive commissioner of the Health and Human Services
787	787	Commission, adopted in consultation with the National Institutes of
788	788	Health.]
789	789	(2) [(3)] "Medical [Low-THC] cannabis" means the
790	790	plant Cannabis sativa L., and any part of that plant or any
791	791	compound, manufacture, salt, derivative, mixture, preparation,
792	792	resin, or oil of that plant. The term does not include hemp, as
793	793	defined by Section 121.001, Agriculture Code, or a consumable hemp
794	794	product, as defined by Section 443.001, Health and Safety Code
795	795	[that contains not more than one percent by weight of
796	796	tetrahydrocannabinols].
797	797	(3) [(4)] "Medical use" means the administration of
798	798	medical cannabis to a registered patient for treatment of an
799	799	eligible medical condition or symptoms as recommended by a
800	800	physician [ingestion by a means of administration other than by
801	801	smoking of a prescribed amount of low-THC cannabis by a person for
802	802	whom low-THC cannabis is prescribed] under this chapter.
803	803	(4) "Serious adverse event" means an adverse event
804	804	that:
805	805	(A) results in death;
806	806	(B) results in an illness requiring
807	807	hospitalization;
808	808	(C) is considered life-threatening; or
809	809	(D) results in a persistent or significant
810	810	disability, incapacity, or medically important condition.
811	811	[(5) "Smoking" means burning or igniting a substance
812	812	and inhaling the smoke.]
813	813	SECTION 4.03. Chapter 169, Occupations Code, is amended by
814	814	adding Section 169.0012 to read as follows:
815	815	Sec. 169.0012. BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP.
816	816	For purposes of this chapter, a bona fide physician-patient
817	817	relationship exists when there is a treatment or counseling
818	818	relationship between a physician and patient in which all of the
819	819	following are present:
820	820	(1) the physician has reviewed the patient's relevant
821	821	medical records and completed a full assessment of the patient's
822	822	medical history and current medical condition, including a relevant
823	823	medical evaluation of the patient;
824	824	(2) the physician has created and continues to
825	825	maintain records of the patient's condition in accordance with
826	826	medically accepted standards;
827	827	(3) the physician has a reasonable expectation that
828	828	the physician will provide follow-up care to the patient to monitor
829	829	the efficacy of the use of medical cannabis as a treatment of the
830	830	patient's medical condition; and
831	831	(4) if the patient has given permission, the physician
832	832	has notified the patient's primary care physician of the patient's
833	833	medical condition and certification for the medical use of medical
834	834	cannabis to treat that condition.
835	835	SECTION 4.04. Section 169.002, Occupations Code, is amended
836	836	to read as follows:
837	837	Sec. 169.002. PHYSICIAN QUALIFIED TO RECOMMEND MEDICAL
838	838	[PRESCRIBE LOW-THC] CANNABIS [TO PATIENTS WITH CERTAIN MEDICAL
839	839	CONDITIONS]. (a) Only a physician qualified with respect to a
840	840	patient's particular medical condition [as provided by this
841	841	section] may recommend medical [prescribe low-THC] cannabis in
842	842	accordance with this chapter to treat the applicable medical
843	843	condition.
844	844	(b) A physician is qualified to recommend medical
845	845	[prescribe low-THC] cannabis with respect to a patient's particular
846	846	medical condition if the physician:
847	847	(1) is licensed under this subtitle;
848	848	(2) has a bona fide physician-patient relationship
849	849	with the patient [is board certified in a medical specialty
850	850	relevant to the treatment of the patient's particular medical
851	851	condition by a specialty board approved by the American Board of
852	852	Medical Specialties or the Bureau of Osteopathic Specialists]; and
853	853	(3) dedicates a significant portion of clinical
854	854	practice to the evaluation and treatment of the patient's
855	855	particular medical condition.
856	856	[(c) A physician is qualified to prescribe low-THC cannabis
857	857	for the treatment of a patient with a medical condition approved by
858	858	rule of the executive commissioner of the Health and Human Services
859	859	Commission for treatment in an approved research program conducted
860	860	under Subchapter F, Chapter 487, Health and Safety Code, if the
861	861	physician is:
862	862	[(1) licensed under this subtitle; and
863	863	[(2) certified by a compassionate-use institutional
864	864	review board created under Section 487.253, Health and Safety Code,
865	865	that oversees patient treatment undertaken as part of that approved
866	866	research program.]
867	867	SECTION 4.05. Section 169.003, Occupations Code, is amended
868	868	to read as follows:
869	869	Sec. 169.003. RECOMMENDATION [PRESCRIPTION] OF MEDICAL
870	870	[LOW-THC] CANNABIS. A physician described by Section 169.002 may
871	871	recommend medical [prescribe low-THC] cannabis to a patient if:
872	872	(1) the patient is a permanent resident of the state;
873	873	(2) the physician complies with the registration
874	874	requirements of Section 169.004; and
875	875	(3) the physician certifies to the department that:
876	876	(A) there is a bona fide physician-patient
877	877	relationship;
878	878	(B) the patient has a diagnosis or symptoms such
879	879	that, in the physician's professional judgment and review of past
880	880	treatments, the patient is likely to receive therapeutic or
881	881	palliative benefit from medical cannabis [is diagnosed with:
882	882	[(i) epilepsy;
883	883	[(ii) a seizure disorder;
884	884	[(iii) multiple sclerosis;
885	885	[(iv) spasticity;
886	886	[(v) amyotrophic lateral sclerosis;
887	887	[(vi) autism;
888	888	[(vii) cancer;
889	889	[(viii) an incurable neurodegenerative
890	890	disease;
891	891	[(ix) post-traumatic stress disorder; or
892	892	[(x) a medical condition that is approved
893	893	for a research program under Subchapter F, Chapter 487, Health and
894	894	Safety Code, and for which the patient is receiving treatment under
895	895	that program]; and
896	896	(C) [(B)] the physician determines the risk of
897	897	the medical use of medical [low-THC] cannabis by the patient is
898	898	reasonable in light of the potential benefit for the patient.
899	899	SECTION 4.06. The heading to Section 169.004, Occupations
900	900	Code, is amended to read as follows:
901	901	Sec. 169.004. MEDICAL [LOW-THC] CANNABIS RECOMMENDATION
902	902	[PRESCRIBER] REGISTRATION.
903	903	SECTION 4.07. Section 169.004(a), Occupations Code, is
904	904	amended to read as follows:
905	905	(a) Before a physician [qualified to prescribe low-THC
906	906	cannabis under Section 169.002] may recommend [prescribe] or renew
907	907	a recommendation [prescription] for medical [low-THC] cannabis for
908	908	a patient under this chapter, the physician must register [as the
909	909	prescriber for that patient] in the compassionate-use registry
910	910	maintained by the department under Section 487.054, Health and
911	911	Safety Code. The physician's registration must indicate:
912	912	(1) the physician's name; and
913	913	(2) for each patient:
914	914	(A) the patient's name and date of birth;
915	915	(B) the nature of the patient's diagnosis or
916	916	symptom being treated by medical cannabis;
917	917	(C) [(3)] the dosage recommended for [prescribed
918	918	to] the patient;
919	919	(D) [(4)] the means of administration ordered
920	920	for the patient; [and]
921	921	(E) [(5)] the total amount of medical [low-THC]
922	922	cannabis required to fill the patient's recommendation; and
923	923	(F) any severe adverse events the patient may
924	924	experience due to the medical use of medical cannabis
925	925	[prescription].
926	926	SECTION 4.08. Section 169.005, Occupations Code, is amended
927	927	to read as follows:
928	928	Sec. 169.005. PATIENT TREATMENT PLAN. A physician
929	929	described by Section 169.002 who recommends medical [prescribes
930	930	low-THC] cannabis for a patient's medical use under this chapter
931	931	must maintain a patient treatment plan that indicates:
932	932	(1) the dosage, means of administration, and planned
933	933	duration of treatment for the medical [low-THC] cannabis;
934	934	(2) a plan for monitoring the patient's symptoms; and
935	935	(3) a plan for monitoring indicators of tolerance or
936	936	reaction to medical [low-THC] cannabis.
937	937	SECTION 4.09. Section 169.0011, Occupations Code, is
938	938	repealed.
939	939	ARTICLE 5. CONFORMING AMENDMENTS
940	940	SECTION 5.01. Section 161.001(c), Family Code, is amended
941	941	to read as follows:
942	942	(c) Evidence of one or more of the following does not
943	943	constitute clear and convincing evidence sufficient for a court to
944	944	make a finding under Subsection (b) and order termination of the
945	945	parent-child relationship:
946	946	(1) the parent homeschooled the child;
947	947	(2) the parent is economically disadvantaged;
948	948	(3) the parent has been charged with a nonviolent
949	949	misdemeanor offense other than:
950	950	(A) an offense under Title 5, Penal Code;
951	951	(B) an offense under Title 6, Penal Code; or
952	952	(C) an offense that involves family violence, as
953	953	defined by Section 71.004 of this code;
954	954	(4) the parent provided or administered medical
955	955	[low-THC] cannabis to a child for whom the medical [low-THC]
956	956	cannabis was recommended [prescribed] under Chapter 169,
957	957	Occupations Code;
958	958	(5) the parent declined immunization for the child for
959	959	reasons of conscience, including a religious belief;
960	960	(6) the parent sought an opinion from more than one
961	961	medical provider relating to the child's medical care, transferred
962	962	the child's medical care to a new medical provider, or transferred
963	963	the child to another health care facility; or
964	964	(7) the parent allowed the child to engage in
965	965	independent activities that are appropriate and typical for the
966	966	child's level of maturity, physical condition, developmental
967	967	abilities, or culture.
968	968	SECTION 5.02. Section 262.116(a), Family Code, is amended
969	969	to read as follows:
970	970	(a) The Department of Family and Protective Services may not
971	971	take possession of a child under this subchapter based on evidence
972	972	that the parent:
973	973	(1) homeschooled the child;
974	974	(2) is economically disadvantaged;
975	975	(3) has been charged with a nonviolent misdemeanor
976	976	offense other than:
977	977	(A) an offense under Title 5, Penal Code;
978	978	(B) an offense under Title 6, Penal Code; or
979	979	(C) an offense that involves family violence, as
980	980	defined by Section 71.004 of this code;
981	981	(4) provided or administered medical [low-THC]
982	982	cannabis to a child for whom the medical [low-THC] cannabis was
983	983	recommended [prescribed] under Chapter 169, Occupations Code;
984	984	(5) declined immunization for the child for reasons of
985	985	conscience, including a religious belief;
986	986	(6) sought an opinion from more than one medical
987	987	provider relating to the child's medical care, transferred the
988	988	child's medical care to a new medical provider, or transferred the
989	989	child to another health care facility;
990	990	(7) allowed the child to engage in independent
991	991	activities that are appropriate and typical for the child's level
992	992	of maturity, physical condition, developmental abilities, or
993	993	culture; or
994	994	(8) tested positive for marihuana, unless the
995	995	department has evidence that the parent's use of marihuana has
996	996	caused significant impairment to the child's physical or mental
997	997	health or emotional development.
998	998	SECTION 5.03. Section 411.0891(a), Government Code, is
999	999	amended to read as follows:
1000	1000	(a) The department may obtain as provided by Subsection
1001	1001	(a-1) criminal history record information that relates to a person
1002	1002	who:
1003	1003	(1) is an applicant for or holds a registration issued
1004	1004	by the director under Subchapter C, Chapter 481, Health and Safety
1005	1005	Code, that authorizes the person to manufacture, distribute,
1006	1006	analyze, or conduct research with a controlled substance;
1007	1007	(2) is an applicant for or holds a registration issued
1008	1008	by the department under Chapter 487, Health and Safety Code, to be a
1009	1009	director, manager, or employee of a medical cannabis [dispensing]
1010	1010	organization, as defined by Section 487.001, Health and Safety
1011	1011	Code;
1012	1012	(3) is an applicant for or holds an authorization
1013	1013	issued by the department under Section 521.2476, Transportation
1014	1014	Code, to do business in this state as a vendor of ignition interlock
1015	1015	devices;
1016	1016	(4) is an applicant for or holds certification by the
1017	1017	department as an inspection station or an inspector under
1018	1018	Subchapter G, Chapter 548, Transportation Code, holds an inspection
1019	1019	station or inspector certificate issued under that subchapter, or
1020	1020	is the owner of an inspection station operating under that chapter;
1021	1021	(5) is an applicant for or holds a certificate of
1022	1022	registration issued by the department under Chapter 1956,
1023	1023	Occupations Code, to act as a metal recycling entity;
1024	1024	(6) is an applicant for or holds a license to carry a
1025	1025	handgun issued by the department under Subchapter H, or is an
1026	1026	applicant for or holds a certification as an instructor issued by
1027	1027	the department under this chapter;
1028	1028	(7) is an applicant for or holds a Capitol access pass
1029	1029	issued by the department under Section 411.0625; or
1030	1030	(8) is an applicant for or holds a license or
1031	1031	commission issued by the department under Chapter 1702, Occupations
1032	1032	Code.
1033	1033	SECTION 5.04. Section 443.202(a), Health and Safety Code,
1034	1034	is amended to read as follows:
1035	1035	(a) This section does not apply to medical [low-THC]
1036	1036	cannabis regulated under Chapter 487.
1037	1037	SECTION 5.05. Section 443.2025(a), Health and Safety Code,
1038	1038	is amended to read as follows:
1039	1039	(a) This section does not apply to medical [low-THC]
1040	1040	cannabis regulated under Chapter 487.
1041	1041	SECTION 5.06. Section 481.062(a), Health and Safety Code,
1042	1042	is amended to read as follows:
1043	1043	(a) The following persons may possess a controlled
1044	1044	substance under this chapter without registering with the Federal
1045	1045	Drug Enforcement Administration:
1046	1046	(1) an agent or employee of a manufacturer,
1047	1047	distributor, analyzer, or dispenser of the controlled substance who
1048	1048	is registered with the Federal Drug Enforcement Administration and
1049	1049	acting in the usual course of business or employment;
1050	1050	(2) a common or contract carrier, a warehouseman, or
1051	1051	an employee of a carrier or warehouseman whose possession of the
1052	1052	controlled substance is in the usual course of business or
1053	1053	employment;
1054	1054	(3) an ultimate user or a person in possession of the
1055	1055	controlled substance under a lawful order of a practitioner or in
1056	1056	lawful possession of the controlled substance if it is listed in
1057	1057	Schedule V;
1058	1058	(4) an officer or employee of this state, another
1059	1059	state, a political subdivision of this state or another state, or
1060	1060	the United States who is lawfully engaged in the enforcement of a
1061	1061	law relating to a controlled substance or drug or to a customs law
1062	1062	and authorized to possess the controlled substance in the discharge
1063	1063	of the person's official duties;
1064	1064	(5) if the substance is tetrahydrocannabinol or one of
1065	1065	its derivatives:
1066	1066	(A) a Department of State Health Services
1067	1067	official, a medical school researcher, or a research program
1068	1068	participant possessing the substance as authorized under
1069	1069	Subchapter G; or
1070	1070	(B) a practitioner or an ultimate user possessing
1071	1071	the substance as a participant in a federally approved therapeutic
1072	1072	research program that the commissioner has reviewed and found, in
1073	1073	writing, to contain a medically responsible research protocol; or
1074	1074	(6) a medical cannabis [dispensing] organization
1075	1075	licensed under Subchapter C, Chapter 487, or a medical cannabis
1076	1076	research license holder under Chapter 446, that possesses medical
1077	1077	[low-THC] cannabis.
1078	1078	SECTION 5.07. Sections 481.111(e) and (f), Health and
1079	1079	Safety Code, are amended to read as follows:
1080	1080	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
1081	1081	apply to a person who engages in the acquisition, possession,
1082	1082	production, cultivation, delivery, or disposal of a raw material
1083	1083	used in or by-product created by the production or cultivation of
1084	1084	medical [low-THC] cannabis if the person:
1085	1085	(1) for an offense involving possession only of
1086	1086	marihuana or drug paraphernalia:
1087	1087	(A) [,] is a patient for whom medical [low-THC]
1088	1088	cannabis is recommended [prescribed] under Chapter 169,
1089	1089	Occupations Code, or the patient's parent, legal guardian, or
1090	1090	caregiver;[,] and
1091	1091	(B) [the person] possesses medical [low-THC]
1092	1092	cannabis obtained under a valid recommendation [prescription] from
1093	1093	a medical cannabis [dispensing] organization; or
1094	1094	(2) is a director, manager, or employee of a medical
1095	1095	cannabis [dispensing] organization and the person, solely in
1096	1096	performing the person's regular duties at the organization,
1097	1097	acquires, possesses, produces, cultivates, dispenses, or disposes
1098	1098	of:
1099	1099	(A) in reasonable quantities, any medical
1100	1100	[low-THC] cannabis or raw materials used in or by-products created
1101	1101	by the production or cultivation of medical [low-THC] cannabis; or
1102	1102	(B) any drug paraphernalia used in the
1103	1103	acquisition, possession, production, cultivation, delivery, or
1104	1104	disposal of medical [low-THC] cannabis.
1105	1105	(f) For purposes of Subsection (e):
1106	1106	(1) ["Dispensing organization" has the meaning
1107	1107	assigned by Section 487.001.
1108	1108	[(2)] "Medical [Low-THC] cannabis" has the meaning
1109	1109	assigned by Section 169.001, Occupations Code.
1110	1110	(2) "Medical cannabis organization" has the meaning
1111	1111	assigned by Section 487.001.
1112	1112	SECTION 5.08. Section 490.001(3), Health and Safety Code,
1113	1113	is amended to read as follows:
1114	1114	(3) "Investigational drug, biological product, or
1115	1115	device" means a drug, biological product, or device that has
1116	1116	successfully completed phase one of a clinical trial but the United
1117	1117	States Food and Drug Administration or its international equivalent
1118	1118	has not yet approved for general use and that remains under
1119	1119	investigation in the clinical trial. The term does not include
1120	1120	medical [low-THC] cannabis, as defined by Section 169.001,
1121	1121	Occupations Code, or a product containing marihuana, as defined by
1122	1122	Section 481.002, regardless of whether the cannabis or product
1123	1123	successfully completed phase one of a clinical trial.
1124	1124	SECTION 5.09. Section 551.004(a), Occupations Code, is
1125	1125	amended to read as follows:
1126	1126	(a) This subtitle does not apply to:
1127	1127	(1) a practitioner licensed by the appropriate state
1128	1128	board who supplies a patient of the practitioner with a drug in a
1129	1129	manner authorized by state or federal law and who does not operate a
1130	1130	pharmacy for the retailing of prescription drugs;
1131	1131	(2) a member of the faculty of a college of pharmacy
1132	1132	recognized by the board who is a pharmacist and who performs the
1133	1133	pharmacist's services only for the benefit of the college;
1134	1134	(3) a person who procures prescription drugs for
1135	1135	lawful research, teaching, or testing and not for resale;
1136	1136	(4) a home and community support services agency that
1137	1137	possesses a dangerous drug as authorized by Section 142.0061,
1138	1138	142.0062, or 142.0063, Health and Safety Code; [or]
1139	1139	(5) a medical cannabis [dispensing] organization, as
1140	1140	defined by Section 487.001, Health and Safety Code, that
1141	1141	cultivates, processes, tests, and dispenses medical [low-THC]
1142	1142	cannabis, as authorized by a license issued under Subchapter C,
1143	1143	Chapter 487, Health and Safety Code, to a patient listed in the
1144	1144	compassionate-use registry established under that chapter; or
1145	1145	(6) a medical cannabis research license holder under
1146	1146	Chapter 446, Health and Safety Code, that cultivates, possesses,
1147	1147	researches, tests, and dispenses medical cannabis as authorized by
1148	1148	the license.
1149	1149	ARTICLE 6. TRANSITIONS AND EFFECTIVE DATE
1150	1150	SECTION 6.01. Not later than December 31, 2025, the public
1151	1151	safety director of the Department of Public Safety and the
1152	1152	executive commissioner of the Health and Human Services Commission
1153	1153	shall adopt rules as required to implement, administer, and enforce
1154	1154	this Act.
1155	1155	SECTION 6.02. (a) A license to operate as a dispensing
1156	1156	organization issued under Chapter 487, Health and Safety Code,
1157	1157	before the effective date of this Act continues to be valid after
1158	1158	the effective date of this Act until that license expires.
1159	1159	(b) The registration of a director, manager, or employee of
1160	1160	a dispensing organization under Subchapter D, Chapter 487, Health
1161	1161	and Safety Code, continues to be valid after the effective date of
1162	1162	this Act until that registration expires.
1163	1163	SECTION 6.03. (a) Not later than April 1, 2026, the
1164	1164	Department of Public Safety shall license cannabis cultivation
1165	1165	organizations in accordance with Subchapter C, Chapter 487, Health
1166	1166	and Safety Code, as amended by this Act, provided that the
1167	1167	applicants for a license have met all requirements for approval
1168	1168	under that subchapter.
1169	1169	(b) Not later than June 1, 2026, the Department of Public
1170	1170	Safety shall license other classes of medical cannabis
1171	1171	organizations in accordance with Subchapter C, Chapter 487, Health
1172	1172	and Safety Code, as amended by this Act, provided that the
1173	1173	applicants for a license have met all requirements for approval
1174	1174	under that subchapter.
1175	1175	(c) The governor shall appoint members to the medical
1176	1176	cannabis research advisory board as required under Chapter 446,
1177	1177	Health and Safety Code, as added by this Act, as soon as practicable
1178	1178	and not later than September 1, 2025.
1179	1179	SECTION 6.04. This Act takes effect September 1, 2025.