Bill Text: TX HB3703 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prescription of low-THC cannabis for medical use by certain qualified physicians to patients with certain medical conditions.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB3703 Detail]
Download: Texas-2019-HB3703-Introduced.html
Bill Title: Relating to the prescription of low-THC cannabis for medical use by certain qualified physicians to patients with certain medical conditions.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB3703 Detail]
Download: Texas-2019-HB3703-Introduced.html
By: Klick | H.B. No. 3703 |
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relating to the dispensing, administration, and use of low-THC | ||
cannabis; authorizing medical cannabis research; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0015 to read as follows: | ||
Sec. 37.0015. LOW-THC CANNABIS. Notwithstanding any other | ||
provision of this chapter, a student for whom low-THC cannabis was | ||
prescribed under Chapter 169, Occupations Code, may not be subject | ||
to suspension, expulsion, placement in a disciplinary alternative | ||
education program, or any other form of discipline solely because | ||
the student possessed, used, or was under the influence of the | ||
low-THC cannabis. | ||
SECTION 2. 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,[ |
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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 licensed under Chapter | ||
487 that possesses low-THC cannabis. | ||
SECTION 3. Chapter 481, Health and Safety Code, is amended | ||
by adding Subchapter G-1 to read as follows: | ||
SUBCHAPTER G-1. MEDICAL CANNABIS RESEARCH PROGRAM | ||
Sec. 481.251. DEFINITION. In this subchapter, "commission" | ||
means the Health and Human Services Commission. | ||
Sec. 481.252. MEDICAL CANNABIS RESEARCH PROGRAM. (a) | ||
Subject to Section 481.253, the executive commissioner by rule | ||
shall establish a medical cannabis research program to be conducted | ||
by one or more medical schools in this state. | ||
(b) In adopting rules under this section, the executive | ||
commissioner may provide: | ||
(1) procedures for a medical school in this state to | ||
apply to the commission for a permit to conduct medical cannabis | ||
research under the program established by this subchapter; | ||
(2) criteria for granting a permit to a medical school | ||
to conduct medical cannabis research; | ||
(3) any applicable fees for a permit to conduct | ||
medical cannabis research; | ||
(4) limitations concerning the medical conditions for | ||
which medical cannabis research may be conducted under the program; | ||
(5) restrictions related to facilities where medical | ||
cannabis research may be conducted; and | ||
(6) any other conditions related to medical cannabis | ||
research that are necessary to comply with federal law regarding | ||
cannabis research with human subjects. | ||
Sec. 481.253. COMPLIANCE WITH FEDERAL LAW. (a) The | ||
executive commissioner shall make or assist a medical school | ||
seeking to conduct research into medical cannabis in making all | ||
necessary applications to appropriate federal agencies to | ||
establish the program under this subchapter in compliance with | ||
federal law. | ||
(b) The commission is not required to establish the program | ||
under this subchapter if a registration or license required by | ||
federal law to operate the program cannot be obtained. | ||
SECTION 4. Section 487.101, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 487.101. LICENSE REQUIRED; DISPENSING LOCATIONS. (a) | ||
A license issued by the department under this chapter is required to | ||
operate a dispensing organization. | ||
(b) A dispensing organization may operate more than one | ||
dispensing location under a single license issued by the department | ||
under this chapter if the department determines that more than one | ||
dispensing location is necessary to meet patient access needs. | ||
SECTION 5. Section 487.107, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) On request of the department, a dispensing organization | ||
must provide to the department a sample suitable for testing of | ||
low-THC cannabis dispensed by the organization. | ||
SECTION 6. 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: | ||
(A) not more than one [ |
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tetrahydrocannabinols; and | ||
(B) not less than 10 percent by weight of | ||
cannabidiol. | ||
SECTION 7. Sections 169.002 and 169.003, Occupations Code, | ||
are amended to read as follows: | ||
Sec. 169.002. PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC | ||
CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a) Only a | ||
physician qualified as provided by this section may prescribe | ||
low-THC cannabis in accordance with this chapter. | ||
(b) A physician is qualified to prescribe low-THC cannabis | ||
to a patient with [ |
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spasticity only if the physician: | ||
(1) is licensed under this subtitle; and | ||
(2) [ |
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(A) by the American Board of Psychiatry and | ||
Neurology [ |
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(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 | ||
described by Section 169.002 may prescribe low-THC cannabis to a | ||
patient [ |
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(1) the patient is a permanent resident of this [ |
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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) [ |
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(ii) multiple sclerosis; or | ||
(iii) spasticity; 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[ |
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SECTION 8. (a) Subchapter G, Chapter 481, Health and Safety | ||
Code, is repealed. | ||
(b) Section 169.001(2), Occupations Code, is repealed. | ||
SECTION 9. This Act takes effect September 1, 2019. |