Texas 2025 - 89th Regular

Texas Senate Bill SB928 Compare Versions

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

Old	New	Differences
1	1	89R8315 RDR-D
2	2	By: Johnson S.B. No. 928
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the delivery, possession, and medical use of low-THC
10	10	cannabis and associated drug paraphernalia under the Texas
11	11	Compassionate Use Program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 169.001(3), Occupations Code, is amended
14	14	to read as follows:
15	15	(3) "Low-THC cannabis" means the plant Cannabis sativa
16	16	L., and any part of that plant or any compound, manufacture, salt,
17	17	derivative, mixture, preparation, resin, or oil of that plant that
18	18	contains not more than 10 milligrams [one percent by weight] of
19	19	tetrahydrocannabinols in each dosage unit.
20	20	SECTION 2. Section 169.003, Occupations Code, is amended to
21	21	read as follows:
22	22	Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A
23	23	physician described by Section 169.002 may prescribe low-THC
24	24	cannabis to a patient if:
25	25	(1) the patient is a permanent resident of the state;
26	26	(2) the physician complies with the registration
27	27	requirements of Section 169.004; and
28	28	(3) the physician certifies to the department that:
29	29	(A) the patient is diagnosed with:
30	30	(i) epilepsy;
31	31	(ii) a seizure disorder;
32	32	(iii) multiple sclerosis;
33	33	(iv) spasticity;
34	34	(v) amyotrophic lateral sclerosis;
35	35	(vi) autism;
36	36	(vii) cancer;
37	37	(viii) an incurable neurodegenerative
38	38	disease;
39	39	(ix) post-traumatic stress disorder; [or]
40	40	(x) a condition that causes chronic pain,
41	41	for which a physician would otherwise prescribe an opioid;
42	42	(xi) a medical condition that is approved
43	43	for a research program under Subchapter F, Chapter 487, Health and
44	44	Safety Code, and for which the patient is receiving treatment under
45	45	that program; or
46	46	(xii) a debilitating medical condition
47	47	designated by the Department of State Health Services under
48	48	Subsection (b); and
49	49	(B) the physician determines the risk of the
50	50	medical use of low-THC cannabis by the patient is reasonable in
51	51	light of the potential benefit for the patient.
52	52	(b) The Department of State Health Services by rule may
53	53	designate debilitating medical conditions for which a physician may
54	54	prescribe low-THC cannabis under this section.
55	55	SECTION 3. Section 481.111(e), Health and Safety Code, is
56	56	amended to read as follows:
57	57	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
58	58	apply to a person who engages in the acquisition, possession,
59	59	production, cultivation, delivery, or disposal of a raw material
60	60	used in or by-product created by the production or cultivation of
61	61	low-THC cannabis if the person:
62	62	(1) for an offense involving possession only of
63	63	marihuana or drug paraphernalia, is a patient for whom low-THC
64	64	cannabis is prescribed under Chapter 169, Occupations Code, or the
65	65	patient's parent or legal guardian, and the person possesses
66	66	low-THC cannabis obtained under a valid prescription from a
67	67	dispensing organization or drug paraphernalia associated with
68	68	administering the low-THC cannabis;
69	69	(2) for an offense involving delivery only of
70	70	marihuana or drug paraphernalia, is the parent or legal guardian of
71	71	a patient for whom low-THC cannabis is prescribed under Chapter
72	72	169, Occupations Code, and the person delivers to the patient
73	73	low-THC cannabis obtained under a valid prescription from a
74	74	dispensing organization or drug paraphernalia associated with
75	75	administering the low-THC cannabis; or
76	76	(3) [(2)] is a director, manager, or employee of a
77	77	dispensing organization and the person, solely in performing the
78	78	person's regular duties at the organization, acquires, possesses,
79	79	produces, cultivates, dispenses, or disposes of:
80	80	(A) in reasonable quantities, any low-THC
81	81	cannabis or raw materials used in or by-products created by the
82	82	production or cultivation of low-THC cannabis; or
83	83	(B) any drug paraphernalia used in the
84	84	acquisition, possession, production, cultivation, delivery, or
85	85	disposal of low-THC cannabis.
86	86	SECTION 4. The change in law made by this Act to Section
87	87	481.111, Health and Safety Code, applies only to an offense
88	88	committed on or after the effective date of this Act. An offense
89	89	committed before the effective date of this Act is governed by the
90	90	law in effect on the date the offense was committed, and the former
91	91	law is continued in effect for that purpose. For purposes of this
92	92	section, an offense was committed before the effective date of this
93	93	Act if any element of the offense occurred before that date.
94	94	SECTION 5. This Act takes effect September 1, 2025.