Bill Text: TX HB122 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the medical use of marihuana; providing an affirmative defense to prosecution for possession of marihuana.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2019-04-11 - Left pending in subcommittee [HB122 Detail]
Download: Texas-2019-HB122-Introduced.html
| 86R1892 GCB-D | ||
| By: Hinojosa | H.B. No. 122 | |
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| relating to the medical use of marihuana; providing an affirmative | ||
| defense to prosecution for possession of marihuana. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.121, Health and Safety Code, is | ||
| amended by adding Subsections (c) and (d) to read as follows: | ||
| (c) It is an affirmative defense to prosecution under | ||
| Subsection (a) that the person possessed the marihuana: | ||
| (1) as a patient of a physician licensed to practice | ||
| medicine in this state pursuant to the recommendation of that | ||
| physician for the amelioration of the symptoms or effects of a | ||
| medical condition; or | ||
| (2) as the primary caregiver of a patient described by | ||
| Subdivision (1), and the person possessed the marihuana only with | ||
| intent to assist the patient. | ||
| (d) An agency, including a law enforcement agency, of this | ||
| state or a political subdivision of this state may not initiate an | ||
| administrative, civil, or criminal investigation into a physician | ||
| licensed to practice medicine in this state solely on the ground | ||
| that the physician: | ||
| (1) discussed marihuana as a treatment option with a | ||
| patient of the physician; or | ||
| (2) made a written or oral statement that, in the | ||
| physician's professional opinion, the potential benefits of the use | ||
| of marihuana would likely outweigh the health risks for a | ||
| particular patient. | ||
| SECTION 2. Subchapter B, Chapter 164, Occupations Code, is | ||
| amended by adding Section 164.0535 to read as follows: | ||
| Sec. 164.0535. MEDICAL USE OF MARIHUANA. A physician may | ||
| not be denied any right or privilege or be subject to any | ||
| disciplinary action solely for making a written or oral statement | ||
| that, in the physician's professional opinion, the potential | ||
| benefits of the use of marihuana would likely outweigh the health | ||
| risks for a particular patient. | ||
| SECTION 3. The change in law made by this Act 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 4. This Act takes effect September 1, 2019. | ||
