Bill Text: TX HB594 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the medical use of marihuana.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-05-01 - Left pending in committee [HB594 Detail]
Download: Texas-2013-HB594-Introduced.html
83R1354 GCB-D | ||
By: Naishtat | H.B. No. 594 |
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relating to the medical use 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 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 bona fide medical condition. | ||
(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 | ||
covered 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, 2013. |