Texas 2025 - 89th Regular

Texas Senate Bill SB259 Compare Versions

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

Old	New	Differences
1	1	89R2239 LHC-D
2	2	By: Alvarado S.B. No. 259
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the possession, use, cultivation, distribution,
10	10	transportation, and delivery of medical cannabis for use by
11	11	patients as the best available medical treatment, the licensing of
12	12	medical cannabis dispensing organizations, and the registration of
13	13	certain individuals; authorizing fees.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
16	16	amended by adding Chapter 487A to read as follows:
17	17	CHAPTER 487A. USE OF CANNABIS FOR MEDICAL PURPOSES
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 487A.001. DEFINITIONS. In this chapter:
20	20	(1) "Department" means the Department of Public
21	21	Safety.
22	22	(2) "Director" means the public safety director of the
23	23	department.
24	24	(3) "Dispensing organization" means an organization
25	25	licensed by the department to cultivate, process, and dispense
26	26	medical cannabis to a patient for whom medical use is recommended
27	27	under Chapter 169A, Occupations Code.
28	28	(4) "Medical cannabis" and "medical use" have the
29	29	meanings assigned by Section 169A.001, Occupations Code.
30	30	SUBCHAPTER B. DUTIES OF DEPARTMENT
31	31	Sec. 487A.051. DUTIES OF DEPARTMENT. The department shall
32	32	administer this chapter.
33	33	Sec. 487A.052. RULES. (a) The director shall adopt any
34	34	rules necessary for the administration and enforcement of this
35	35	chapter.
36	36	(b) The director shall adopt rules imposing fees under this
37	37	chapter in amounts sufficient to cover the cost of administering
38	38	this chapter.
39	39	Sec. 487A.053. LICENSING OF DISPENSING ORGANIZATIONS AND
40	40	REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a) The
41	41	department shall:
42	42	(1) issue or renew a license under Subchapter C to
43	43	operate as a dispensing organization to each applicant who
44	44	satisfies the requirements established under this chapter for
45	45	licensure as a dispensing organization; and
46	46	(2) register directors, managers, and employees under
47	47	Subchapter D of each dispensing organization.
48	48	(b) Subject to Section 411.503, Government Code, the
49	49	department shall enforce compliance of license holders and
50	50	registrants and shall adopt procedures for renewing a license or
51	51	registration issued under this chapter and for suspending or
52	52	revoking a license or registration issued under this chapter.
53	53	Sec. 487A.054. MEDICAL USE REGISTRY. (a) The department
54	54	shall establish and maintain a secure online medical use registry
55	55	that contains:
56	56	(1) the name of each physician who registers as the
57	57	physician recommending medical use for a patient under Section
58	58	169A.003, Occupations Code, and the name and date of birth of the
59	59	patient; and
60	60	(2) the amount of medical cannabis dispensed to each
61	61	patient.
62	62	(b) The department shall ensure the registry:
63	63	(1) is designed to prevent more than one physician
64	64	from registering as the physician recommending medical use for a
65	65	single patient;
66	66	(2) is accessible to law enforcement agencies and
67	67	dispensing organizations for the purpose of verifying whether an
68	68	individual is a patient for whom medical use is recommended under
69	69	Chapter 169A, Occupations Code; and
70	70	(3) allows a physician recommending medical use under
71	71	Chapter 169A, Occupations Code, to input safety and efficacy data
72	72	derived from the treatment of patients for whom medical use is
73	73	recommended.
74	74	SUBCHAPTER C. LICENSING TO OPERATE AS DISPENSING ORGANIZATION
75	75	Sec. 487A.101. LICENSE REQUIRED. A person may not operate a
76	76	dispensing organization unless the person holds a license issued by
77	77	the department under this subchapter.
78	78	Sec. 487A.102. ELIGIBILITY FOR LICENSE. An applicant for a
79	79	license to operate a dispensing organization is eligible for the
80	80	license if:
81	81	(1) as determined by the department, the applicant
82	82	possesses:
83	83	(A) the technical and technological ability to
84	84	cultivate and produce medical cannabis;
85	85	(B) the ability to secure:
86	86	(i) the resources and personnel necessary
87	87	to operate as a dispensing organization; and
88	88	(ii) premises reasonably located to allow
89	89	patients listed on the medical use registry access to the
90	90	organization through existing infrastructure;
91	91	(C) the ability to maintain accountability for
92	92	the raw materials, the finished product, and any by-products used
93	93	or produced in the cultivation or production of medical cannabis to
94	94	prevent unlawful access to or unlawful diversion or possession of
95	95	those materials, products, or by-products; and
96	96	(D) the financial ability to maintain operations
97	97	until at least the second anniversary of the application date;
98	98	(2) each director, manager, or employee of the
99	99	applicant is registered under Subchapter D; and
100	100	(3) the applicant satisfies any additional criteria
101	101	the director determines necessary to safely implement this chapter.
102	102	Sec. 487A.103. APPLICATION. (a) A person may apply for an
103	103	initial or renewal license under this subchapter by submitting a
104	104	form prescribed by the department along with the application fee in
105	105	an amount set by the director.
106	106	(b) The application must include the name and address of the
107	107	applicant, the name and address of each of the applicant's
108	108	directors, managers, and employees, and any other information the
109	109	department considers necessary to determine the applicant's
110	110	eligibility for the license.
111	111	Sec. 487A.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.
112	112	(a) The department shall issue or renew a license under this
113	113	subchapter only if:
114	114	(1) the department determines the applicant meets the
115	115	eligibility requirements described by Section 487A.102; and
116	116	(2) issuance or renewal of the license is necessary to
117	117	ensure reasonable statewide access to, and the availability of,
118	118	medical cannabis for patients registered in the medical use
119	119	registry for whom medical cannabis is recommended under Chapter
120	120	169A, Occupations Code.
121	121	(b) If the department denies the issuance or renewal of a
122	122	license under Subsection (a), the applicant is entitled to a
123	123	hearing. Chapter 2001, Government Code, applies to a proceeding
124	124	under this section.
125	125	(c) A license issued or renewed under this subchapter
126	126	expires as determined by the department in accordance with Section
127	127	411.511, Government Code.
128	128	Sec. 487A.105. CRIMINAL HISTORY RECORD CHECK. (a) An
129	129	applicant for the issuance or renewal of a license under this
130	130	subchapter shall provide the department with the applicant's name
131	131	and the name of each of the applicant's directors, managers, and
132	132	employees.
133	133	(b) Before a dispensing organization under this subchapter
134	134	hires a manager or employee for the organization, the license
135	135	holder must provide the department with the name of the prospective
136	136	manager or employee. The license holder may not transfer the
137	137	license to another person before that prospective applicant and the
138	138	applicant's directors, managers, and employees are eligible based
139	139	on a criminal history record check and are registered as required by
140	140	Subchapter D.
141	141	(c) The department shall conduct a criminal history record
142	142	check on each individual whose name is provided to the department
143	143	under Subsection (a) or (b). The director by rule shall:
144	144	(1) require the individual to submit a complete set of
145	145	fingerprints to the department on a form prescribed by the
146	146	department for purposes of a criminal history record check under
147	147	this section; and
148	148	(2) establish criteria for determining whether an
149	149	individual is eligible based on the criminal history record check
150	150	for the purposes of this section.
151	151	(d) After conducting a criminal history record check under
152	152	this section, the department shall notify the relevant applicant or
153	153	organization and the individual who is the subject of the criminal
154	154	history record check as to whether the individual is eligible based
155	155	on the criminal history record check.
156	156	Sec. 487A.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
157	157	holder under this subchapter must maintain compliance at all times
158	158	with the eligibility requirements described by Section 487A.102.
159	159	Sec. 487A.107. DUTIES RELATING TO DISPENSING MEDICAL
160	160	CANNABIS. (a) Before dispensing medical cannabis to an individual
161	161	for whom medical use is recommended under Chapter 169A, Occupations
162	162	Code, the dispensing organization must verify the individual is
163	163	listed as a patient in the medical use registry.
164	164	(b) After dispensing medical cannabis to a patient for whom
165	165	medical use is recommended under Chapter 169A, Occupations Code,
166	166	the dispensing organization shall record in the medical use
167	167	registry the form and quantity of the medical cannabis dispensed
168	168	and the date and time of dispensation.
169	169	Sec. 487A.108. LICENSE SUSPENSION OR REVOCATION. (a) The
170	170	department may at any time suspend or revoke a license issued under
171	171	this subchapter if the department determines the license holder has
172	172	not maintained the eligibility requirements described by Section
173	173	487A.102 or has failed to comply with a duty imposed under this
174	174	chapter.
175	175	(b) The director shall give written notice to the license
176	176	holder of a license suspension or revocation under this section and
177	177	the grounds for the suspension or revocation. The notice must be
178	178	sent by certified mail, return receipt requested.
179	179	(c) After suspending or revoking a license issued under this
180	180	subchapter, the director may seize or place under seal all medical
181	181	cannabis and drug paraphernalia owned or possessed by the
182	182	dispensing organization. If the director orders the revocation of
183	183	the license, a disposition may not be made of the seized or sealed
184	184	medical cannabis or drug paraphernalia until the time for
185	185	administrative appeal of the order has elapsed or until all appeals
186	186	have been concluded. When a revocation order becomes final, all
187	187	medical cannabis and drug paraphernalia may be forfeited to the
188	188	state as provided under Subchapter E, Chapter 481.
189	189	(d) Chapter 2001, Government Code, applies to a proceeding
190	190	under this section.
191	191	SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS
192	192	Sec. 487A.151. REGISTRATION REQUIRED. (a) An individual
193	193	may not act as a director, manager, or employee of a dispensing
194	194	organization unless the individual is registered under this
195	195	section.
196	196	(b) An applicant for a registration under this section must:
197	197	(1) be at least 18 years of age;
198	198	(2) submit a complete set of fingerprints to the
199	199	department in the manner required by department rule; and
200	200	(3) pass a fingerprint-based criminal history record
201	201	check as required by Section 487A.105.
202	202	(c) A registration expires on the second anniversary of the
203	203	date of the registration's issuance, unless suspended or revoked
204	204	under rules adopted under this chapter.
205	205	SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES
206	206	Sec. 487A.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
207	207	MEDICAL CANNABIS. A municipality, county, or other political
208	208	subdivision may not enact, adopt, or enforce a rule, ordinance,
209	209	order, resolution, or other regulation that prohibits the
210	210	cultivation, production, dispensing, or possession of medical
211	211	cannabis, as authorized by this chapter.
212	212	SECTION 2. Subtitle B, Title 3, Occupations Code, is
213	213	amended by adding Chapter 169A to read as follows:
214	214	CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO CERTAIN
215	215	PATIENTS
216	216	Sec. 169A.001. DEFINITIONS. In this chapter:
217	217	(1) "Department" means the Department of Public
218	218	Safety.
219	219	(2) "Medical cannabis" means the plant Cannabis sativa
220	220	L., and any part of that plant or any compound, manufacture, salt,
221	221	derivative, mixture, preparation, resin, or oil of that plant.
222	222	(3) "Medical use" means the ingestion by a means of
223	223	administration other than by smoking of a recommended amount of
224	224	medical cannabis by an individual for whom medical use is
225	225	recommended under this chapter.
226	226	(4) "Smoking" means burning or igniting a substance
227	227	and inhaling the smoke.
228	228	Sec. 169A.002. RECOMMENDATION OF MEDICAL USE. (a) A
229	229	physician may recommend medical use in accordance with this chapter
230	230	to any patient for treatment of the patient's medical condition or
231	231	symptoms if, in the physician's medical judgment, medical use is
232	232	the best available treatment for that patient's medical condition
233	233	or symptoms.
234	234	(b) A physician who recommends medical use for a patient
235	235	must:
236	236	(1) comply with the registration requirements of
237	237	Section 169A.003; and
238	238	(2) certify to the department the physician has
239	239	determined that:
240	240	(A) medical use is the best available treatment
241	241	for the patient's medical condition or symptoms; and
242	242	(B) the risk of medical use by the patient is
243	243	reasonable in light of the potential benefit for the patient.
244	244	Sec. 169A.003. RECOMMENDING PHYSICIAN REGISTRATION. (a)
245	245	Before a physician may recommend medical use for a patient under
246	246	this chapter, the physician must register as the recommending
247	247	physician for that patient in the medical use registry maintained
248	248	by the department under Section 487A.054, Health and Safety Code.
249	249	The physician's registration must indicate:
250	250	(1) the physician's name; and
251	251	(2) the patient's name and date of birth.
252	252	(b) The department may not publish the name of a physician
253	253	registered under this section unless the physician expressly grants
254	254	permission.
255	255	Sec. 169A.004. PATIENT TREATMENT PLAN. A physician who
256	256	recommends medical use for a patient under this chapter must
257	257	maintain a patient treatment plan that indicates:
258	258	(1) a plan for monitoring the patient's symptoms; and
259	259	(2) a plan for monitoring indicators of tolerance or
260	260	reaction to medical cannabis.
261	261	SECTION 3. Section 122.103(c), Agriculture Code, is amended
262	262	to read as follows:
263	263	(c) A qualified applicant who along with the application
264	264	submits proof to the department that the applicant holds a license
265	265	under Chapter 487 or 487A, Health and Safety Code, is not required
266	266	to pay an application fee, and the department shall issue the
267	267	license to the applicant within the time prescribed by Subsection
268	268	(b).
269	269	SECTION 4. Section 161.001(c), Family Code, is amended to
270	270	read as follows:
271	271	(c) Evidence of one or more of the following does not
272	272	constitute clear and convincing evidence sufficient for a court to
273	273	make a finding under Subsection (b) and order termination of the
274	274	parent-child relationship:
275	275	(1) the parent homeschooled the child;
276	276	(2) the parent is economically disadvantaged;
277	277	(3) the parent has been charged with a nonviolent
278	278	misdemeanor offense other than:
279	279	(A) an offense under Title 5, Penal Code;
280	280	(B) an offense under Title 6, Penal Code; or
281	281	(C) an offense that involves family violence, as
282	282	defined by Section 71.004 of this code;
283	283	(4) the parent provided or administered low-THC
284	284	cannabis to a child for whom the low-THC cannabis was prescribed
285	285	under Chapter 169, Occupations Code;
286	286	(5) the parent provided or administered medical
287	287	cannabis to a child for whom medical cannabis was recommended under
288	288	Chapter 169A, Occupations Code;
289	289	(6) the parent declined immunization for the child for
290	290	reasons of conscience, including a religious belief;
291	291	(7) [(6)] the parent sought an opinion from more than
292	292	one medical provider relating to the child's medical care,
293	293	transferred the child's medical care to a new medical provider, or
294	294	transferred the child to another health care facility; or
295	295	(8) [(7)] the parent allowed the child to engage in
296	296	independent activities that are appropriate and typical for the
297	297	child's level of maturity, physical condition, developmental
298	298	abilities, or culture.
299	299	SECTION 5. Section 262.116(a), Family Code, is amended to
300	300	read as follows:
301	301	(a) The Department of Family and Protective Services may not
302	302	take possession of a child under this subchapter based on evidence
303	303	that the parent:
304	304	(1) homeschooled the child;
305	305	(2) is economically disadvantaged;
306	306	(3) has been charged with a nonviolent misdemeanor
307	307	offense other than:
308	308	(A) an offense under Title 5, Penal Code;
309	309	(B) an offense under Title 6, Penal Code; or
310	310	(C) an offense that involves family violence, as
311	311	defined by Section 71.004 of this code;
312	312	(4) provided or administered low-THC cannabis to a
313	313	child for whom the low-THC cannabis was prescribed under Chapter
314	314	169, Occupations Code;
315	315	(5) provided or administered medical cannabis to a
316	316	child for whom medical cannabis was recommended under Chapter 169A,
317	317	Occupations Code;
318	318	(6) declined immunization for the child for reasons of
319	319	conscience, including a religious belief;
320	320	(7) [(6)] sought an opinion from more than one medical
321	321	provider relating to the child's medical care, transferred the
322	322	child's medical care to a new medical provider, or transferred the
323	323	child to another health care facility;
324	324	(8) [(7)] allowed the child to engage in independent
325	325	activities that are appropriate and typical for the child's level
326	326	of maturity, physical condition, developmental abilities, or
327	327	culture; or
328	328	(9) [(8)] tested positive for marihuana, unless the
329	329	department has evidence that the parent's use of marihuana has
330	330	caused significant impairment to the child's physical or mental
331	331	health or emotional development.
332	332	SECTION 6. Section 411.0891(a), Government Code, is amended
333	333	to read as follows:
334	334	(a) The department may obtain as provided by Subsection
335	335	(a-1) criminal history record information that relates to a person
336	336	who:
337	337	(1) is an applicant for or holds a registration issued
338	338	by the director under Subchapter C, Chapter 481, Health and Safety
339	339	Code, that authorizes the person to manufacture, distribute,
340	340	analyze, or conduct research with a controlled substance;
341	341	(2) is an applicant for or holds a registration issued
342	342	by the department under Chapter 487 or 487A, Health and Safety Code,
343	343	to be a director, manager, or employee of a dispensing organization
344	344	licensed under Chapter 487 or 487A[, as defined by Section
345	345	487.001], Health and Safety Code;
346	346	(3) is an applicant for or holds an authorization
347	347	issued by the department under Section 521.2476, Transportation
348	348	Code, to do business in this state as a vendor of ignition interlock
349	349	devices;
350	350	(4) is an applicant for or holds certification by the
351	351	department as an inspection station or an inspector under
352	352	Subchapter G, Chapter 548, Transportation Code, holds an inspection
353	353	station or inspector certificate issued under that subchapter, or
354	354	is the owner of an inspection station operating under that chapter;
355	355	(5) is an applicant for or holds a certificate of
356	356	registration issued by the department under Chapter 1956,
357	357	Occupations Code, to act as a metal recycling entity;
358	358	(6) is an applicant for or holds a license to carry a
359	359	handgun issued by the department under Subchapter H, or is an
360	360	applicant for or holds a certification as an instructor issued by
361	361	the department under this chapter;
362	362	(7) is an applicant for or holds a Capitol access pass
363	363	issued by the department under Section 411.0625; or
364	364	(8) is an applicant for or holds a license or
365	365	commission issued by the department under Chapter 1702, Occupations
366	366	Code.
367	367	SECTION 7. Section 411.502, Government Code, is amended to
368	368	read as follows:
369	369	Sec. 411.502. APPLICABILITY. This subchapter applies to a
370	370	program, and persons regulated under the program, administered by
371	371	the department under the following laws, including rules adopted
372	372	under those laws:
373	373	(1) Section 411.0625;
374	374	(2) Chapter 487, Health and Safety Code;
375	375	(3) Chapter 487A, Health and Safety Code;
376	376	(4) Chapter 1702, Occupations Code;
377	377	(5) [(4)] Chapter 1956, Occupations Code;
378	378	(6) [(5)] Section 521.2476, Transportation Code; and
379	379	(7) [(6)] Subchapter G, Chapter 548, Transportation
380	380	Code.
381	381	SECTION 8. Section 443.202(a), Health and Safety Code, is
382	382	amended to read as follows:
383	383	(a) This section does not apply to low-THC cannabis
384	384	regulated under Chapter 487 or medical cannabis regulated under
385	385	Chapter 487A.
386	386	SECTION 9. Section 443.2025(a), Health and Safety Code, is
387	387	amended to read as follows:
388	388	(a) This section does not apply to low-THC cannabis
389	389	regulated under Chapter 487 or medical cannabis regulated under
390	390	Chapter 487A.
391	391	SECTION 10. Section 481.062(a), Health and Safety Code, is
392	392	amended to read as follows:
393	393	(a) The following persons may possess a controlled
394	394	substance under this chapter without registering with the federal
395	395	[Federal] Drug Enforcement Administration:
396	396	(1) an agent or employee of a manufacturer,
397	397	distributor, analyzer, or dispenser of the controlled substance who
398	398	is registered with the federal [Federal] Drug Enforcement
399	399	Administration and acting in the usual course of business or
400	400	employment;
401	401	(2) a common or contract carrier, a warehouseman, or
402	402	an employee of a carrier or warehouseman whose possession of the
403	403	controlled substance is in the usual course of business or
404	404	employment;
405	405	(3) an ultimate user or a person in possession of the
406	406	controlled substance under a lawful order of a practitioner or in
407	407	lawful possession of the controlled substance if it is listed in
408	408	Schedule V;
409	409	(4) an officer or employee of this state, another
410	410	state, a political subdivision of this state or another state, or
411	411	the United States who is lawfully engaged in the enforcement of a
412	412	law relating to a controlled substance or drug or to a customs law
413	413	and authorized to possess the controlled substance in the discharge
414	414	of the person's official duties;
415	415	(5) if the substance is tetrahydrocannabinol or one of
416	416	its derivatives:
417	417	(A) a Department of State Health Services
418	418	official, a medical school researcher, or a research program
419	419	participant possessing the substance as authorized under
420	420	Subchapter G; or
421	421	(B) a practitioner or an ultimate user possessing
422	422	the substance as a participant in a federally approved therapeutic
423	423	research program that the commissioner has reviewed and found, in
424	424	writing, to contain a medically responsible research protocol; [or]
425	425	(6) a dispensing organization licensed under Chapter
426	426	487 that possesses low-THC cannabis; or
427	427	(7) a dispensing organization licensed under Chapter
428	428	487A that possesses medical cannabis.
429	429	SECTION 11. Sections 481.111(e) and (f), Health and Safety
430	430	Code, are amended to read as follows:
431	431	(e) Sections 481.113, 481.116, 481.120, 481.121, 481.122,
432	432	and 481.125 do not apply to a person who engages in the acquisition,
433	433	possession, production, cultivation, delivery, or disposal of a raw
434	434	material used in or by-product created by the production or
435	435	cultivation of low-THC cannabis or medical cannabis if the person:
436	436	(1) for an offense involving possession only of
437	437	marihuana or drug paraphernalia, is a patient for whom low-THC
438	438	cannabis is prescribed under Chapter 169, Occupations Code, or the
439	439	patient's legal guardian, and the person possesses low-THC cannabis
440	440	obtained under a valid prescription from a dispensing organization;
441	441	[or]
442	442	(2) is a director, manager, or employee of a low-THC
443	443	cannabis dispensing organization and the person, solely in
444	444	performing the person's regular duties at the organization,
445	445	acquires, possesses, produces, cultivates, dispenses, or disposes
446	446	of:
447	447	(A) in reasonable quantities, any low-THC
448	448	cannabis or raw materials used in or by-products created by the
449	449	production or cultivation of low-THC cannabis; or
450	450	(B) any drug paraphernalia used in the
451	451	acquisition, possession, production, cultivation, delivery, or
452	452	disposal of low-THC cannabis;
453	453	(3) for an offense involving possession only of
454	454	marihuana or drug paraphernalia, is a patient for whom medical use
455	455	is recommended under Chapter 169A, Occupations Code, or the
456	456	patient's legal guardian; or
457	457	(4) is a director, manager, or employee of a medical
458	458	cannabis dispensing organization and the individual, solely in
459	459	performing the individual's regular duties at the organization,
460	460	acquires, possesses, produces, cultivates, dispenses, or disposes
461	461	of:
462	462	(A) in reasonable quantities, any medical
463	463	cannabis or raw materials used in or by-products created by the
464	464	production or cultivation of medical cannabis; or
465	465	(B) any drug paraphernalia used in the
466	466	acquisition, possession, production, cultivation, delivery, or
467	467	disposal of medical cannabis.
468	468	(f) For purposes of Subsection (e):
469	469	(1) ["Dispensing organization" has the meaning
470	470	assigned by Section 487.001.
471	471	[(2)] "Low-THC cannabis" has the meaning assigned by
472	472	Section 169.001, Occupations Code.
473	473	(2) "Low-THC cannabis dispensing organization" means
474	474	a dispensing organization as defined by Section 487.001.
475	475	(3) "Medical cannabis" and "medical use" have the
476	476	meanings assigned by Section 169A.001, Occupations Code.
477	477	(4) "Medical cannabis dispensing organization" means
478	478	a dispensing organization as defined by Section 487A.001.
479	479	SECTION 12. Section 551.004, Occupations Code, is amended
480	480	by amending Subsection (a) and adding Subsection (a-1) to read as
481	481	follows:
482	482	(a) This subtitle does not apply to:
483	483	(1) a practitioner licensed by the appropriate state
484	484	board who supplies a patient of the practitioner with a drug in a
485	485	manner authorized by state or federal law and who does not operate a
486	486	pharmacy for the retailing of prescription drugs;
487	487	(2) a member of the faculty of a college of pharmacy
488	488	recognized by the board who is a pharmacist and who performs the
489	489	pharmacist's services only for the benefit of the college;
490	490	(3) a person who procures prescription drugs for
491	491	lawful research, teaching, or testing and not for resale;
492	492	(4) a home and community support services agency that
493	493	possesses a dangerous drug as authorized by Section 142.0061,
494	494	142.0062, or 142.0063, Health and Safety Code; [or]
495	495	(5) a low-THC cannabis dispensing organization[, as
496	496	defined by Section 487.001, Health and Safety Code,] that
497	497	cultivates, processes, and dispenses low-THC cannabis, as
498	498	authorized by a license issued under Subchapter C, Chapter 487,
499	499	Health and Safety Code, to a patient listed in the
500	500	compassionate-use registry established under that chapter; or
501	501	(6) a medical cannabis dispensing organization that
502	502	cultivates, processes, and dispenses medical cannabis, as
503	503	authorized by a license issued under Subchapter C, Chapter 487A,
504	504	Health and Safety Code, to a patient listed in the medical use
505	505	registry established under that chapter.
506	506	(a-1) For purposes of Subsections (a)(5) and (6):
507	507	(1) "Low-THC cannabis dispensing organization" means
508	508	a dispensing organization as defined by Section 487.001, Health and
509	509	Safety Code.
510	510	(2) "Medical cannabis dispensing organization" means
511	511	a dispensing organization as defined by Section 487A.001, Health
512	512	and Safety Code.
513	513	SECTION 13. Not later than January 1, 2026, the public
514	514	safety director of the Department of Public Safety shall adopt
515	515	rules as required to implement, administer, and enforce Chapter
516	516	487A, Health and Safety Code, as added by this Act, including rules
517	517	to establish the medical use registry required by that chapter.
518	518	SECTION 14. This Act takes effect immediately if it
519	519	receives a vote of two-thirds of all the members elected to each
520	520	house, as provided by Section 39, Article III, Texas Constitution.
521	521	If this Act does not receive the vote necessary for immediate
522	522	effect, this Act takes effect September 1, 2025.