89R8315 RDR-D
By: Johnson S.B. No. 928
A BILL TO BE ENTITLED
AN ACT
relating to the delivery, possession, and medical use of low-THC
cannabis and associated drug paraphernalia under the Texas
Compassionate Use Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 169.001(3), Occupations Code, is amended
to read as follows:
(3) "Low-THC cannabis" means the plant Cannabis sativa
L., and any part of that plant or any compound, manufacture, salt,
derivative, mixture, preparation, resin, or oil of that plant that
contains not more than 10 milligrams [one percent by weight] of
tetrahydrocannabinols in each dosage unit.
SECTION 2. Section 169.003, Occupations Code, is amended to
read as follows:
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A
physician described by Section 169.002 may prescribe low-THC
cannabis to a patient if:
(1) the patient is a permanent resident of the state;
(2) the physician complies with the registration
requirements of Section 169.004; and
(3) the physician certifies to the department that:
(A) the patient is diagnosed with:
(i) epilepsy;
(ii) a seizure disorder;
(iii) multiple sclerosis;
(iv) spasticity;
(v) amyotrophic lateral sclerosis;
(vi) autism;
(vii) cancer;
(viii) an incurable neurodegenerative
disease;
(ix) post-traumatic stress disorder; [or]
(x) a condition that causes chronic pain,
for which a physician would otherwise prescribe an opioid;
(xi) a medical condition that is approved
for a research program under Subchapter F, Chapter 487, Health and
Safety Code, and for which the patient is receiving treatment under
that program; or
(xii) a debilitating medical condition
designated by the Department of State Health Services under
Subsection (b); and
(B) the physician determines the risk of the
medical use of low-THC cannabis by the patient is reasonable in
light of the potential benefit for the patient.
(b) The Department of State Health Services by rule may
designate debilitating medical conditions for which a physician may
prescribe low-THC cannabis under this section.
SECTION 3. Section 481.111(e), Health and Safety Code, is
amended to read as follows:
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
apply to a person who engages in the acquisition, possession,
production, cultivation, delivery, or disposal of a raw material
used in or by-product created by the production or cultivation of
low-THC cannabis if the person:
(1) for an offense involving possession only of
marihuana or drug paraphernalia, is a patient for whom low-THC
cannabis is prescribed under Chapter 169, Occupations Code, or the
patient's parent or legal guardian, and the person possesses
low-THC cannabis obtained under a valid prescription from a
dispensing organization or drug paraphernalia associated with
administering the low-THC cannabis;
(2) for an offense involving delivery only of
marihuana or drug paraphernalia, is the parent or legal guardian of
a patient for whom low-THC cannabis is prescribed under Chapter
169, Occupations Code, and the person delivers to the patient
low-THC cannabis obtained under a valid prescription from a
dispensing organization or drug paraphernalia associated with
administering the low-THC cannabis; or
(3) [(2)] is a director, manager, or employee of a
dispensing organization and the person, solely in performing the
person's regular duties at the organization, acquires, possesses,
produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC
cannabis or raw materials used in or by-products created by the
production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of low-THC cannabis.
SECTION 4. The change in law made by this Act to Section
481.111, Health and Safety Code, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.