Texas 2025 - 89th Regular

Texas Senate Bill SB733 Compare Versions

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

Old	New	Differences
1	1	89R4873 LHC-F
2	2	By: Menéndez S.B. No. 733
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a medical cannabis research program;
10	10	authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
13	13	amended by adding Chapter 446 to read as follows:
14	14	CHAPTER 446. MEDICAL CANNABIS RESEARCH PROGRAM
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 446.001. SHORT TITLE. This chapter may be cited as the
17	17	Medical Cannabis Research Act.
18	18	Sec. 446.002. DEFINITIONS. In this chapter:
19	19	(1) "Advisory board" means the medical cannabis
20	20	research advisory board established under this chapter.
21	21	(2) "License" means a medical cannabis research
22	22	license issued by the department under Subchapter C.
23	23	(3) "License holder" means a person who holds a
24	24	medical cannabis research license.
25	25	(4) "Medical cannabis" means the plant Cannabis sativa
26	26	L., and any part of that plant or any compound, manufacture, salt,
27	27	derivative, mixture, preparation, resin, or oil of that plant. The
28	28	term does not include hemp, as defined by Section 121.001,
29	29	Agriculture Code, or a consumable hemp product, as defined by
30	30	Section 443.001 of this code.
31	31	SUBCHAPTER B. MEDICAL CANNABIS RESEARCH ADVISORY BOARD
32	32	Sec. 446.051. ESTABLISHMENT OF ADVISORY BOARD. (a) A
33	33	medical cannabis research advisory board is established to perform
34	34	functions and duties under this chapter.
35	35	(b) The executive commissioner shall assist the advisory
36	36	board as provided by this chapter.
37	37	Sec. 446.052. MEMBERSHIP. (a) The advisory board members
38	38	are appointed by the governor and serve staggered six-year terms,
39	39	with the terms of one-third of the members, or as near to one-third
40	40	as possible, expiring on August 31 of each odd-numbered year.
41	41	(b) The advisory board shall be composed of the following 11
42	42	members:
43	43	(1) a licensed physician certified by the American
44	44	Board of Internal Medicine and certified in the subspecialty of
45	45	medical oncology;
46	46	(2) a licensed physician certified by the American
47	47	Board of Surgery;
48	48	(3) a licensed physician certified by the American
49	49	Board of Psychiatry and Neurology;
50	50	(4) a licensed physician certified by the American
51	51	Board of Family Medicine;
52	52	(5) a licensed physician certified in neurology with a
53	53	special qualification in child neurology;
54	54	(6) a licensed physician specializing in pain
55	55	management certified by the American Board of Anesthesiology, the
56	56	American Board of Psychiatry and Neurology, or the American Board
57	57	of Physical Medicine and Rehabilitation;
58	58	(7) a licensed pharmacist;
59	59	(8) a licensed advanced practice registered nurse
60	60	specializing in palliative care certified by the Hospice and
61	61	Palliative Credentialing Center or a licensed physician
62	62	specializing in palliative care certified by a member board of the
63	63	American Board of Medical Specialties, the American Osteopathic
64	64	Association, or the Hospice Medical Director Certification Board;
65	65	(9) a representative from a Texas medical specialty
66	66	organization;
67	67	(10) a licensed attorney with experience in law
68	68	pertaining to the practice of medicine and cannabis regulation; and
69	69	(11) a person who represents medical cannabis patient
70	70	interests.
71	71	(c) At least two members of the advisory board must be
72	72	affiliated with an institution of higher education or private or
73	73	independent institution of higher education involved in relevant
74	74	research, such as a medical and dental unit, general academic
75	75	teaching institution, or other agency of higher education, as
76	76	defined by Section 61.003, Education Code.
77	77	(d) The governor shall select a presiding officer from the
78	78	membership of the advisory board.
79	79	(e) The advisory board shall meet at least quarterly at the
80	80	call of the presiding officer.
81	81	(f) The advisory board may create and appoint one or more
82	82	advisory committees composed of patients, law enforcement
83	83	officers, researchers, other medical professionals, and other
84	84	persons who are knowledgeable about the medical use of cannabis.
85	85	(g) Members serve without compensation but are entitled to
86	86	reimbursement for actual and necessary expenses incurred in
87	87	performing official duties.
88	88	Sec. 446.053. DUTIES OF ADVISORY BOARD; REPORT. (a) The
89	89	advisory board shall assist the department in evaluating proposals
90	90	submitted as part of a license application under Section 446.104.
91	91	(b) The advisory board shall conduct a continuing study of
92	92	the laws relating to medical cannabis to facilitate statewide
93	93	access to safe and effective medical cannabis.
94	94	(c) The advisory board shall prepare a report of the board's
95	95	findings and recommendations under Subsection (b) and submit the
96	96	report to the legislature not later than September 1 of each
97	97	even-numbered year.
98	98	(d) Chapter 2110, Government Code, does not apply to the
99	99	advisory board.
100	100	SUBCHAPTER C. MEDICAL CANNABIS RESEARCH LICENSE
101	101	Sec. 446.101. ISSUANCE OF LICENSE. The department shall
102	102	issue a medical cannabis research license to a person that
103	103	authorizes the person to possess, manufacture, cultivate, or
104	104	dispense medical cannabis for the limited research purposes
105	105	described by Section 446.102.
106	106	Sec. 446.102. PURPOSE OF LICENSE. A medical cannabis
107	107	research license may be issued for the following limited research
108	108	purposes:
109	109	(1) conducting objective scientific research into the
110	110	safety and efficacy of medical cannabis or other public health
111	111	outcomes related to medical cannabis;
112	112	(2) developing medical guidelines for the appropriate
113	113	administration of medical cannabis to assist physicians and
114	114	patients in evaluating the risks and benefits of medical cannabis
115	115	and to provide a scientific basis for future policies;
116	116	(3) developing quality control, purity, and labeling
117	117	standards for medical cannabis;
118	118	(4) developing best practices for the safe and
119	119	efficient cultivation of medical cannabis;
120	120	(5) analyzing genetic and healing properties of
121	121	different varieties of cannabis;
122	122	(6) conducting genomic, horticultural, or
123	123	agricultural research; and
124	124	(7) conducting research on cannabis-affiliated
125	125	products or systems.
126	126	Sec. 446.103. APPLICATION FOR LICENSE. (a) As part of the
127	127	application process for a license, an applicant shall submit to the
128	128	department and the advisory board a description of the research
129	129	that the applicant intends to conduct. The department shall grant
130	130	the license if:
131	131	(1) the department determines that the application
132	132	meets the criteria for the issuance of a license described by
133	133	Section 446.102 and Subchapter C, Chapter 487; and
134	134	(2) the advisory board recommends the application for
135	135	approval under Section 446.104(b).
136	136	(b) The department may not grant a license if the advisory
137	137	board does not recommend the application for approval.
138	138	Sec. 446.104. REVIEW BY ADVISORY BOARD. (a) The advisory
139	139	board shall review each applicant's research project to assess the
140	140	following:
141	141	(1) the quality, study design, value, and impact of
142	142	the project;
143	143	(2) whether the research supports the purposes
144	144	described by Section 446.102;
145	145	(3) whether the applicant has the appropriate
146	146	personnel, expertise, facilities, infrastructure, funding, and
147	147	approvals in place to successfully conduct the project; and
148	148	(4) whether the amount of cannabis to be grown by the
149	149	applicant is consistent with the scope and goals of the project.
150	150	(b) If the advisory board determines that the research
151	151	project meets the requirements of this subchapter and the applicant
152	152	satisfies the criteria described by Subsection (a), the advisory
153	153	board may recommend that a license be granted to the applicant for
154	154	the project.
155	155	Sec. 446.105. CONTRACTS. A license holder may contract to
156	156	perform research in conjunction with another license holder, a
157	157	medical school, as defined by Section 61.501, Education Code, a
158	158	hospital licensed under Chapter 241, or an institution of higher
159	159	education or private or independent institution of higher education
160	160	involved in relevant research, such as a general academic teaching
161	161	institution, medical and dental unit, or other agency of higher
162	162	education, as defined by Section 61.003, Education Code.
163	163	Sec. 446.106. TRANSFER OF CANNABIS TO OTHER LICENSE HOLDER.
164	164	Unless otherwise authorized by the department, a license holder may
165	165	only transfer, by sale or donation, cannabis grown or processed
166	166	within the license holder's operation to another license holder or
167	167	program participant as authorized by department rule.
168	168	Sec. 446.107. LIMITATION OF LIABILITY. The growing,
169	169	cultivating, possessing, or transferring, by sale or donation, of
170	170	cannabis in accordance with this subchapter and the rules adopted
171	171	under this subchapter, by a license holder may not be the basis of
172	172	criminal or civil liability.
173	173	Sec. 446.108. FEES. The executive commissioner shall set
174	174	license and renewal fees in an amount sufficient to administer this
175	175	chapter.
176	176	Sec. 446.109. RULES. The executive commissioner shall, in
177	177	consultation with the advisory board and the Public Safety
178	178	Commission of the Department of Public Safety, adopt rules to
179	179	implement this chapter, including:
180	180	(1) license application requirements;
181	181	(2) license renewal requirements, including the
182	182	consideration or addition of additional research projects by a
183	183	license holder;
184	184	(3) grounds for license revocation;
185	185	(4) security measures to ensure cannabis is not
186	186	diverted to purposes other than research;
187	187	(5) license holder reporting requirements;
188	188	(6) conditions under which cannabis grown by licensed
189	189	cannabis cultivators and other product types from licensed cannabis
190	190	processors may be donated to license holders; and
191	191	(7) additional rules the executive commissioner
192	192	considers necessary.
193	193	SECTION 2. Section 481.062(a), Health and Safety Code, is
194	194	amended to read as follows:
195	195	(a) The following persons may possess a controlled
196	196	substance under this chapter without registering with the Federal
197	197	Drug Enforcement Administration:
198	198	(1) an agent or employee of a manufacturer,
199	199	distributor, analyzer, or dispenser of the controlled substance who
200	200	is registered with the Federal Drug Enforcement Administration and
201	201	acting in the usual course of business or employment;
202	202	(2) a common or contract carrier, a warehouseman, or
203	203	an employee of a carrier or warehouseman whose possession of the
204	204	controlled substance is in the usual course of business or
205	205	employment;
206	206	(3) an ultimate user or a person in possession of the
207	207	controlled substance under a lawful order of a practitioner or in
208	208	lawful possession of the controlled substance if it is listed in
209	209	Schedule V;
210	210	(4) an officer or employee of this state, another
211	211	state, a political subdivision of this state or another state, or
212	212	the United States who is lawfully engaged in the enforcement of a
213	213	law relating to a controlled substance or drug or to a customs law
214	214	and authorized to possess the controlled substance in the discharge
215	215	of the person's official duties;
216	216	(5) if the substance is tetrahydrocannabinol or one of
217	217	its derivatives:
218	218	(A) a Department of State Health Services
219	219	official, a medical school researcher, or a research program
220	220	participant possessing the substance as authorized under
221	221	Subchapter G; or
222	222	(B) a practitioner or an ultimate user possessing
223	223	the substance as a participant in a federally approved therapeutic
224	224	research program that the commissioner has reviewed and found, in
225	225	writing, to contain a medically responsible research protocol; [or]
226	226	(6) a dispensing organization licensed under
227	227	Subchapter C, Chapter 487 that possesses low-THC cannabis; or
228	228	(7) a medical cannabis research license holder under
229	229	Chapter 446 that possesses medical cannabis.
230	230	SECTION 3. Section 551.004(a), Occupations Code, is amended
231	231	to read as follows:
232	232	(a) This subtitle does not apply to:
233	233	(1) a practitioner licensed by the appropriate state
234	234	board who supplies a patient of the practitioner with a drug in a
235	235	manner authorized by state or federal law and who does not operate a
236	236	pharmacy for the retailing of prescription drugs;
237	237	(2) a member of the faculty of a college of pharmacy
238	238	recognized by the board who is a pharmacist and who performs the
239	239	pharmacist's services only for the benefit of the college;
240	240	(3) a person who procures prescription drugs for
241	241	lawful research, teaching, or testing and not for resale;
242	242	(4) a home and community support services agency that
243	243	possesses a dangerous drug as authorized by Section 142.0061,
244	244	142.0062, or 142.0063, Health and Safety Code; [or]
245	245	(5) a dispensing organization, as defined by Section
246	246	487.001, Health and Safety Code, that cultivates, processes, and
247	247	dispenses low-THC cannabis, as authorized by a license issued under
248	248	Subchapter C, Chapter 487, Health and Safety Code, to a patient
249	249	listed in the compassionate-use registry established under that
250	250	chapter; or
251	251	(6) a medical cannabis research license holder under
252	252	Chapter 446, Health and Safety Code, that cultivates, possesses,
253	253	researches, tests, and dispenses medical cannabis as authorized by
254	254	the license.
255	255	SECTION 4. Not later than December 31, 2025, the executive
256	256	commissioner of the Health and Human Services Commission shall
257	257	adopt rules as required to implement, administer, and enforce this
258	258	Act.
259	259	SECTION 5. The governor shall appoint members to the
260	260	medical cannabis research advisory board as required under Chapter
261	261	446, Health and Safety Code, as added by this Act, as soon as
262	262	practicable but not later than September 1, 2025.
263	263	SECTION 6. This Act takes effect September 1, 2025.