Bill Text: TX HB2107 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by patients with certain debilitating medical conditions and the licensing of dispensing organizations and cannabis testing facilities; authorizing fees.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB2107 Detail]

Download: Texas-2017-HB2107-Comm_Sub.html
  85R22838 JSC-F
 
  By: Lucio III, Isaac, White, Simmons, H.B. No. 2107
      Sheffield, et al.
 
  Substitute the following for H.B. No. 2107:
 
  By:  Cortez C.S.H.B. No. 2107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the possession, use, cultivation,
  distribution, transportation, and delivery of medical cannabis for
  medical use by patients with certain debilitating medical
  conditions and the licensing of dispensing organizations and
  cannabis testing facilities; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.062(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The following persons may possess a controlled
  substance under this chapter without registering with the Federal
  Drug Enforcement Administration:
               (1)  an agent or employee of a manufacturer,
  distributor, analyzer, or dispenser of the controlled substance who
  is registered with the Federal Drug Enforcement Administration and
  acting in the usual course of business or employment;
               (2)  a common or contract carrier, a warehouseman, or
  an employee of a carrier or warehouseman whose possession of the
  controlled substance is in the usual course of business or
  employment;
               (3)  an ultimate user or a person in possession of the
  controlled substance under a lawful order of a practitioner or in
  lawful possession of the controlled substance if it is listed in
  Schedule V;
               (4)  an officer or employee of this state, another
  state, a political subdivision of this state or another state, or
  the United States who is lawfully engaged in the enforcement of a
  law relating to a controlled substance or drug or to a customs law
  and authorized to possess the controlled substance in the discharge
  of the person's official duties;
               (5)  if the substance is tetrahydrocannabinol or one of
  its derivatives:
                     (A)  a Department of State Health Services
  official, a medical school researcher, or a research program
  participant possessing the substance as authorized under
  Subchapter G; or
                     (B)  a practitioner or an ultimate user possessing
  the substance as a participant in a federally approved therapeutic
  research program that the commissioner has reviewed and found, in
  writing, to contain a medically responsible research protocol; or
               (6)  a dispensing organization or cannabis testing
  facility licensed under Subchapter C, Chapter 487, that possesses
  medical [low-THC] cannabis.
         SECTION 2.  Sections 481.111(e) and (f), Health and Safety
  Code, are 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
  medical [low-THC] cannabis if the person:
               (1)  for an offense involving possession only of
  marihuana or drug paraphernalia, is a patient for whom medical use 
  [low-THC cannabis] is recommended [prescribed] under Chapter 169,
  Occupations Code, [or the patient's legal guardian,] and the person
  possesses no more than the allowable amount of medical [low-THC]
  cannabis, as determined under Section 487.002 [obtained under a
  valid prescription from a dispensing organization]; or
               (2)  is a director, manager, or employee of a
  dispensing organization or cannabis testing facility and the
  person, solely in performing the person's regular duties at the
  organization or facility, acquires, possesses, produces,
  cultivates, dispenses, or disposes of:
                     (A)  in reasonable quantities, any medical
  [low-THC] cannabis or raw materials used in or by-products created
  by the production or cultivation of medical [low-THC] cannabis; or
                     (B)  any drug paraphernalia used in the
  acquisition, possession, production, cultivation, delivery, or
  disposal of medical [low-THC] cannabis.
         (f)  For purposes of Subsection (e):
               (1)  "Cannabis testing facility" and "dispensing
  organization" have the meanings ["Dispensing organization"   has the
  meaning] assigned by Section 487.001.
               (2)  "Medical cannabis" and "medical use" have the
  meanings ["Low-THC cannabis" has the meaning] assigned by Section
  169.001, Occupations Code.
         SECTION 3.  Section 487.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.001.  DEFINITIONS.  In this chapter:
               (1)  "Cannabis testing facility" means an independent
  entity licensed by the department under this chapter to analyze the
  safety and potency of medical cannabis.
               (2)  "Debilitating medical condition," "medical
  cannabis," and "medical use" have the meanings assigned by Section
  169.001, Occupations Code.
               (3)  "Department" means the Department of Public
  Safety.
               (4) [(2)]  "Director" means the public safety director
  of the department.
               (5) [(3)]  "Dispensing organization" means an
  organization licensed by the department to cultivate, process, and
  dispense medical [low-THC] cannabis to a patient for whom medical
  use [low-THC cannabis] is recommended [prescribed] under Chapter
  169, Occupations Code.
               [(4)     "Low-THC cannabis" has the meaning assigned by
  Section 169.001, Occupations Code.]
         SECTION 4.  Subchapter A, Chapter 487, Health and Safety
  Code, is amended by adding Section 487.002 to read as follows:
         Sec. 487.002.  ALLOWABLE AMOUNT OF MEDICAL CANNABIS.  (a)  
  The allowable amount of medical cannabis for a person for whom
  medical use is recommended under Chapter 169, Occupations Code, is:
               (1)  not more than 2.5 ounces of medical cannabis;
               (2)  if applicable, a greater amount specified in
  accordance with department rules by a recommending physician under
  Chapter 169, Occupations Code, and included with the patient's
  registration on the compassionate-use registry established under
  Section 487.054; or
               (3)  an amount of oils or products infused with medical
  cannabis such that the quantity of tetrahydrocannabinols and
  cannabidiol in the oil or product does not exceed the quantity of
  those substances contained in the amount of medical cannabis under
  Subdivision (1) or (2), as applicable.
         (b)  Oils and products infused with medical cannabis must be
  labeled in accordance with department rules to indicate the
  quantity of tetrahydrocannabinols and cannabidiol contained in the
  oil or product for purposes of determining compliance with this
  section.
         SECTION 5.  Section 487.052, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.052.  RULES. (a)  The director shall adopt any
  rules necessary for the administration and enforcement of this
  chapter.
         (b)  The director shall adopt [, including] rules imposing
  fees under this chapter in amounts sufficient to cover the cost of
  administering this chapter.
         (c)  The director shall adopt rules in accordance with
  Section 487.002 governing the allowable amount of medical cannabis
  a physician may recommend for a patient for whom medical use is
  recommended under Chapter 169, Occupations Code.
         (d)  The director by rule shall adopt labeling requirements
  for medical cannabis.  In adopting labeling requirements, the
  director shall ensure each oil and product infused with medical
  cannabis is labeled with the quantity of tetrahydrocannabinols and
  cannabidiol contained in the oil or product.
         SECTION 6.  The heading to Section 487.053, Health and
  Safety Code, is amended to read as follows:
         Sec. 487.053.  LICENSING OF DISPENSING ORGANIZATIONS AND
  CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
  INDIVIDUALS.
         SECTION 7.  Section 487.053(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall:
               (1)  issue or renew a license under Subchapter C to
  operate as:
                     (A)  a dispensing organization to each applicant
  who satisfies the requirements established under this chapter for
  licensure as a dispensing organization; and
                     (B)  a cannabis testing facility to each applicant
  who satisfies the requirements established under this chapter for
  licensure as a cannabis testing facility; and
               (2)  register directors, managers, and employees under
  Subchapter D of each:
                     (A)  dispensing organization; and
                     (B)  cannabis testing facility.
         SECTION 8.  Section 487.054, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.054.  COMPASSIONATE-USE REGISTRY. (a)  The
  department shall establish and maintain a secure online
  compassionate-use registry that contains:
               (1)  the name of each physician who registers as the
  physician recommending medical use [prescriber] for a patient under
  Section 169.004, Occupations Code, and the name and date of birth of
  the patient[, the dosage prescribed, the means of administration
  ordered, and the total amount of low-THC cannabis required to fill
  the patient's prescription]; and
               (2)  if applicable, the allowable amount of cannabis
  specified by a recommending physician for the patient under Chapter
  169, Occupations Code [a record of each amount of low-THC cannabis
  dispensed by a dispensing organization to a patient under a
  prescription].
         (b)  The department shall ensure the registry:
               (1)  is designed to prevent more than one [qualified]
  physician from registering as the physician recommending medical
  use [prescriber] for a single patient;
               (2)  is accessible to law enforcement agencies and
  dispensing organizations for the purpose of verifying whether a
  patient is one for whom medical use is recommended under Chapter
  169, Occupations Code [low-THC cannabis is prescribed and whether
  the patient's prescriptions have been filled]; and
               (3)  allows a physician recommending medical use
  [qualified to prescribe low-THC cannabis] under Chapter 169 
  [Section 169.002], Occupations Code, to input safety and efficacy
  data derived from the treatment of patients for whom medical use
  [low-THC cannabis] is recommended [prescribed under Chapter 169,
  Occupations Code].
         SECTION 9.  The heading to Subchapter C, Chapter 487, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER C. LICENSING OF [LICENSE TO OPERATE AS] DISPENSING
  ORGANIZATIONS AND CANNABIS TESTING FACILITIES [ORGANIZATION]
         SECTION 10.  Section 487.101, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.101.  LICENSE REQUIRED.  A person may not operate as
  a dispensing organization or a cannabis testing facility without
  the appropriate license issued by the department under this
  subchapter [chapter is required to operate a dispensing
  organization].
         SECTION 11.  Section 487.102, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.102.  ELIGIBILITY FOR LICENSE TO OPERATE AS
  DISPENSING ORGANIZATION. An applicant for a license to operate as a
  dispensing organization is eligible for the license if:
               (1)  as determined by the department, the applicant
  possesses:
                     (A)  the technical and technological ability to
  cultivate and produce medical [low-THC] cannabis;
                     (B)  the ability to secure:
                           (i)  the resources and personnel necessary
  to operate as a dispensing organization; and
                           (ii)  premises reasonably located to allow
  patients listed on the compassionate-use registry access to the
  organization through existing infrastructure;
                     (C)  the ability to maintain accountability for
  the raw materials, the finished product, and any by-products used
  or produced in the cultivation or production of medical [low-THC]
  cannabis to prevent unlawful access to or unlawful diversion or
  possession of those materials, products, or by-products; and
                     (D)  the financial ability to maintain operations
  for not less than two years from the date of application;
               (2)  each director, manager, or employee of the
  applicant is registered under Subchapter D; and
               (3)  the applicant satisfies any additional criteria
  determined by the director to be necessary to safely implement this
  chapter.
         SECTION 12.  Subchapter C, Chapter 487, Health and Safety
  Code, is amended by adding Section 487.1021 to read as follows:
         Sec. 487.1021.  ELIGIBILITY FOR LICENSE TO OPERATE AS
  CANNABIS TESTING FACILITY. An applicant for a license to operate as
  a cannabis testing facility is eligible for the license if:
               (1)  as determined by the department, the applicant
  possesses:
                     (A)  the ability to secure the resources and
  personnel necessary to operate as a cannabis testing facility; and
                     (B)  the financial ability to maintain operations
  for not less than two years from the date of application;
               (2)  each director, manager, or employee of the
  applicant is registered under Subchapter D; and
               (3)  the applicant satisfies any additional criteria
  determined by the director to be necessary for the operation of a
  cannabis testing facility.
         SECTION 13.  Section 487.103(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A person may apply for an initial or renewal license
  under this subchapter [to operate as a dispensing organization] by
  submitting a form prescribed by the department along with the
  application fee in an amount set by the director.
         SECTION 14.  Section 487.104(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall issue or renew a license under this
  subchapter [to operate as a dispensing organization] only if:
               (1)  the department determines the applicant meets the
  eligibility requirements described by Section 487.102 or 487.1021,
  as applicable; and
               (2)  issuance or renewal of the license is necessary to
  ensure reasonable statewide access to, and the availability of,
  medical [low-THC] cannabis for patients registered in the
  compassionate-use registry and for whom medical [low-THC] cannabis
  is recommended [prescribed] under Chapter 169, Occupations Code.
         SECTION 15.  Sections 487.105(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  An applicant for the issuance or renewal of a license
  under this subchapter [to operate as a dispensing organization]
  shall provide the department with the applicant's name and the name
  of each of the applicant's directors, managers, and employees.
         (b)  Before a license holder under this subchapter 
  [dispensing organization licensee] hires a manager or employee for
  the organization or facility, the license holder [licensee] must
  provide the department with the name of the prospective manager or
  employee.  The license holder [licensee] may not transfer the
  license to another person before that prospective applicant and the
  applicant's directors, managers, and employees pass a criminal
  history background check and are registered as required by
  Subchapter D.
         SECTION 16.  Sections 487.106 and 487.107, Health and Safety
  Code, are amended to read as follows:
         Sec. 487.106.  DUTY TO MAINTAIN ELIGIBILITY.  Each license
  holder under this subchapter [A dispensing organization] must
  maintain compliance at all times with the eligibility requirements
  described by Section 487.102 or 487.1021, as applicable.
         Sec. 487.107.  DUTIES RELATING TO DISPENSING MEDICAL
  CANNABIS [PRESCRIPTION]. (a)  Before dispensing medical [low-THC]
  cannabis to a person for whom medical use is recommended [the
  low-THC cannabis is prescribed] under Chapter 169, Occupations
  Code, the dispensing organization must verify that the
  [prescription presented:
               [(1)  is for a] person is listed as a patient in the
  compassionate-use registry[;
               [(2)     matches the entry in the compassionate-use
  registry with respect to the total amount of low-THC cannabis
  required to fill the prescription; and
               [(3)     has not previously been filled by a dispensing
  organization as indicated by an entry in the compassionate-use
  registry].
         (b)  After dispensing medical [low-THC] cannabis to a
  patient for whom medical use is recommended [the low-THC cannabis
  is prescribed] under Chapter 169, Occupations Code, the dispensing
  organization shall record in the compassionate-use registry the
  form and quantity of the medical [low-THC] cannabis dispensed and
  the date and time of dispensation.
         SECTION 17.  Sections 487.108(a), (b), and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  The department may at any time suspend or revoke a
  license issued under this subchapter [chapter] if the department
  determines that the license holder [licensee] has not maintained
  the eligibility requirements described by Section 487.102 or
  487.1021, as applicable, or has failed to comply with a duty imposed
  under this chapter.
         (b)  The director shall give written notice to the license
  holder [dispensing organization] of a license suspension or
  revocation under this section and the grounds for the suspension or
  revocation.  The notice must be sent by certified mail, return
  receipt requested.
         (c)  After suspending or revoking a license issued under this
  subchapter [chapter], the director may seize or place under seal
  all medical [low-THC] cannabis and drug paraphernalia owned or
  possessed by the dispensing organization or cannabis testing
  facility.  If the director orders the revocation of the license, a
  disposition may not be made of the seized or sealed medical
  [low-THC] cannabis or drug paraphernalia until the time for
  administrative appeal of the order has elapsed or until all appeals
  have been concluded.  When a revocation order becomes final, all
  medical [low-THC] cannabis and drug paraphernalia may be forfeited
  to the state as provided under Subchapter E, Chapter 481.
         SECTION 18.  Section 487.151, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  An individual who is a director, manager, or employee
  of a cannabis testing facility must apply for and obtain a
  registration under this section.
         SECTION 19.  Section 487.201, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.201.  COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
  MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
  political subdivision may not enact, adopt, or enforce a rule,
  ordinance, order, resolution, or other regulation that prohibits
  the cultivation, production, dispensing, testing, or possession of
  medical [low-THC] cannabis, as authorized by this chapter.
         SECTION 20.  Chapter 169, Occupations Code, is amended to
  read as follows:
  CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL USE OF [PRESCRIBE
  LOW-THC] CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
         Sec. 169.001.  DEFINITIONS. In this chapter:
               (1)  "Debilitating medical condition" means:
                     (A)  cancer, glaucoma, positive status for human
  immunodeficiency virus, acquired immune deficiency syndrome,
  amyotrophic lateral sclerosis, Crohn's disease, ulcerative
  colitis, agitation of Alzheimer's disease, post-traumatic stress
  disorder, autism, sickle cell anemia, Parkinson's disease,
  muscular dystrophy, or Huntington's disease;
                     (B)  a chronic medical condition that produces, or
  the treatment of a chronic medical condition that produces:
                           (i)  cachexia or wasting syndrome;
                           (ii)  severe debilitating pain;
                           (iii)  severe nausea;
                           (iv)  seizures, including those
  characteristic of epilepsy; or
                           (v)  severe and persistent muscle spasms,
  including those characteristic of multiple sclerosis; or
                     (C)  any other medical condition approved as a
  debilitating medical condition by department rule or any symptom
  caused by the treatment of a medical condition that is approved as a
  debilitating medical condition by department rule.
               (2)  "Department" means the Department of Public
  Safety.
               [(2) "Intractable epilepsy" means a seizure disorder in
  which the patient's seizures have been treated by two or more
  appropriately chosen and maximally titrated antiepileptic drugs
  that have failed to control the seizures.]
               (3)  "Medical ["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:
                     [(A)     not more than 0.5 percent by weight of
  tetrahydrocannabinols; and
                     [(B)     not less than 10 percent by weight of
  cannabidiol].
               (4)  "Medical use" means the ingestion by a means of
  administration other than by smoking of a recommended [prescribed]
  amount of medical [low-THC] cannabis by a person for whom medical
  use [low-THC cannabis] is recommended [prescribed] under this
  chapter.
               (5)  "Smoking" means burning or igniting a substance
  and inhaling the smoke.
         Sec. 169.002.  RECOMMENDATION OF MEDICAL USE [PHYSICIAN
  QUALIFIED TO PRESCRIBE LOW-THC CANNABIS].  (a)  A [Only a] physician
  [qualified as provided by this section] may recommend medical use
  [prescribe low-THC cannabis] in accordance with this chapter for a
  patient with a debilitating medical condition.
         (b)  [A physician is qualified to prescribe low-THC cannabis
  to a patient with intractable epilepsy if the physician:
               [(1)  is licensed under this subtitle;
               [(2)     dedicates a significant portion of clinical
  practice to the evaluation and treatment of epilepsy; and
               [(3)  is certified:
                     [(A)     by the American Board of Psychiatry and
  Neurology in:
                           [(i)  epilepsy; or
                           [(ii)     neurology or neurology with special
  qualification in child neurology and is otherwise qualified for the
  examination for certification in epilepsy; or
                     [(B)  in neurophysiology by:
                           [(i)     the American Board of Psychiatry and
  Neurology; or
                           [(ii)     the American Board of Clinical
  Neurophysiology.
         [Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS.]  A
  physician who recommends medical use for a patient must [described
  by Section 169.002 may prescribe low-THC cannabis to alleviate a
  patient's seizures if]:
               (1)  comply [the patient is a permanent resident of the
  state;
               [(2)  the physician complies] with the registration
  requirements of Section 169.004; and
               (2)  certify [(3) the physician certifies] to the
  department that:
                     (A)  the patient is diagnosed with a debilitating
  medical condition [intractable epilepsy]; and
                     (B)  the physician has determined that
  [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[; and
                     [(C)     a second physician qualified to prescribe
  low-THC cannabis under Section 169.002 has concurred with the
  determination under Paragraph (B), and the second physician's
  concurrence is recorded in the patient's medical record].
         Sec. 169.004.  RECOMMENDING PHYSICIAN [LOW-THC CANNABIS
  PRESCRIBER] REGISTRATION. Before a physician [qualified to
  prescribe low-THC cannabis under Section 169.002] may recommend
  medical use [prescribe or renew a prescription for low-THC
  cannabis] for a patient under this chapter, the physician must
  register as the recommending physician [prescriber] for that
  patient in the compassionate-use registry maintained by the
  department under Section 487.054, Health and Safety Code.  The
  physician's registration must indicate:
               (1)  the physician's name;
               (2)  the patient's name and date of birth; and
               (3)  the allowable [dosage prescribed to the patient;
               [(4)     the means of administration ordered for the
  patient; and
               [(5)  the total] amount of medical [low-THC] cannabis
  recommended for the patient, if the physician recommends an
  allowable amount greater than the amount provided by Section
  487.002(a)(1), Health and Safety Code [required to fill the
  patient's prescription].
         Sec. 169.005.  PATIENT TREATMENT PLAN.  A physician
  [described by Section 169.002] who recommends medical use
  [prescribes low-THC cannabis] for a patient [patient's medical use]
  under this chapter must maintain a patient treatment plan that
  indicates:
               (1)  [the dosage, means of administration, and planned
  duration of treatment for the low-THC cannabis;
               [(2)]  a plan for monitoring the patient's symptoms;
  and
               (2) [(3)]  a plan for monitoring indicators of
  tolerance or reaction to medical [low-THC] cannabis.
         SECTION 21.  Section 551.004, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  This subtitle does not apply to:
               (1)  a practitioner licensed by the appropriate state
  board who supplies a patient of the practitioner with a drug in a
  manner authorized by state or federal law and who does not operate a
  pharmacy for the retailing of prescription drugs;
               (2)  a member of the faculty of a college of pharmacy
  recognized by the board who is a pharmacist and who performs the
  pharmacist's services only for the benefit of the college;
               (3)  a person who procures prescription drugs for
  lawful research, teaching, or testing and not for resale;
               (4)  a home and community support services agency that
  possesses a dangerous drug as authorized by Section 142.0061,
  142.0062, or 142.0063, Health and Safety Code; [or]
               (5)  a dispensing organization[, as defined by Section
  487.001, Health and Safety Code,] that cultivates, processes, and
  dispenses medical [low-THC] cannabis, as authorized by a license
  issued under Subchapter (C), Chapter 487, Health and Safety Code,
  to a patient listed in the compassionate-use registry established
  under that chapter; or
               (6)  a cannabis testing facility that analyzes the
  safety and potency of medical cannabis, as authorized by a license
  issued under Subchapter C, Chapter 487, Health and Safety Code.
         (a-1)  For purposes of Subsections (a)(5) and (b), "cannabis
  testing facility" and "dispensing organization" have the meanings
  assigned by Section 487.001, Health and Safety Code.
         SECTION 22.  Not later than October 1, 2017, the public
  safety director of the Department of Public Safety shall adopt
  rules as required to implement, administer, and enforce Chapter
  487, Health and Safety Code, as amended by this Act.
         SECTION 23.  (a) A license to operate as a dispensing
  organization issued under Chapter 487, Health and Safety Code,
  before the effective date of this Act continues to be valid after
  the effective date of this Act until that license expires.
         (b)  The registration of a director, manager, or employee of
  a dispensing organization under Subchapter D, Chapter 487, Health
  and Safety Code, continues to be valid after the effective date of
  this Act until that registration expires.
         (c)  Not later than March 1, 2018, the Department of Public
  Safety shall begin licensing cannabis testing facilities in
  accordance with Subchapter C, Chapter 487, Health and Safety Code,
  as amended by this Act, provided that the applicants for a license
  have met all requirements for approval under that subchapter.
         SECTION 24.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2017.
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