Bill Text: TX HB809 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by patients with post-traumatic stress disorder and the licensing of medical cannabis dispensing organizations; authorizing fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-12-11 - Filed [HB809 Detail]

Download: Texas-2021-HB809-Introduced.html
  87R964 GCB-D
 
  By: Johnson of Dallas H.B. No. 809
 
 
 
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 post-traumatic stress disorder and the
  licensing of medical cannabis dispensing organizations;
  authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 6, Health and Safety Code, is
  amended by adding Chapter 487A to read as follows:
  CHAPTER 487A. USE OF CANNABIS FOR MEDICAL PURPOSES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 487A.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Public
  Safety.
               (2)  "Director" means the public safety director of the
  department.
               (3)  "Dispensing organization" means an organization
  licensed by the department to cultivate, process, and dispense
  medical cannabis to a patient for whom medical use is recommended
  under Chapter 169A, Occupations Code.
               (4)  "Medical cannabis" and "medical use" have the
  meanings assigned by Section 169A.001, Occupations Code.
  SUBCHAPTER B. DUTIES OF DEPARTMENT
         Sec. 487A.051.  DUTIES OF DEPARTMENT. The department shall
  administer this chapter.
         Sec. 487A.052.  RULES. (a)  The director shall adopt any
  rules necessary for the administration and enforcement of this
  chapter.
         (b)  The director shall adopt rules imposing fees under this
  chapter in amounts sufficient to cover the cost of administering
  this chapter.
         Sec. 487A.053.  LICENSING OF DISPENSING ORGANIZATIONS AND
  REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a)  The
  department shall:
               (1)  issue or renew a license under Subchapter C to
  operate as a dispensing organization to each applicant who
  satisfies the requirements established under this chapter for
  licensure as a dispensing organization; and
               (2)  register directors, managers, and employees under
  Subchapter D of each dispensing organization.
         (b)  Subject to Section 411.503, Government Code, the
  department shall enforce compliance of license holders and
  registrants and shall adopt procedures for suspending or revoking a
  license or registration issued under this chapter and for renewing
  a license or registration issued under this chapter.
         Sec. 487A.054.  MEDICAL USE REGISTRY. (a)  The department
  shall establish and maintain a secure online medical use registry
  that contains:
               (1)  the name of each physician who registers as the
  physician recommending medical use for a patient under Section
  169A.003, Occupations Code, and the name and date of birth of the
  patient; and
               (2)  the amount of medical cannabis dispensed to each
  patient.
         (b)  The department shall ensure the registry:
               (1)  is designed to prevent more than one physician
  from registering as the physician recommending medical use 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
  169A, Occupations Code; and
               (3)  allows a physician recommending medical use under
  Chapter 169A, Occupations Code, to input safety and efficacy data
  derived from the treatment of patients for whom medical use is
  recommended.
  SUBCHAPTER C. LICENSING TO OPERATE AS DISPENSING ORGANIZATION
         Sec. 487A.101.  LICENSE REQUIRED. A person may not operate
  as a dispensing organization without a license issued by the
  department under this subchapter.
         Sec. 487A.102.  ELIGIBILITY FOR LICENSE. 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 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 medical 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 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.
         Sec. 487A.103.  APPLICATION. (a)  A person may apply for an
  initial or renewal license under this subchapter by submitting a
  form prescribed by the department along with the application fee in
  an amount set by the director.
         (b)  The application must include the name and address of the
  applicant, the name and address of each of the applicant's
  directors, managers, and employees, and any other information
  considered necessary by the department to determine the applicant's
  eligibility for the license.
         Sec. 487A.104.  ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.  
  (a)  The department shall issue or renew a license under this
  subchapter only if:
               (1)  the department determines the applicant meets the
  eligibility requirements described by Section 487A.102; and
               (2)  issuance or renewal of the license is necessary to
  ensure reasonable statewide access to, and the availability of,
  medical cannabis for patients registered in the medical use
  registry for whom medical cannabis is recommended under Chapter
  169A, Occupations Code.
         (b)  If the department denies the issuance or renewal of a
  license under Subsection (a), the applicant is entitled to a
  hearing. Chapter 2001, Government Code, applies to a proceeding
  under this section.
         (c)  A license issued or renewed under this section expires
  as determined by the department in accordance with Section 411.511,
  Government Code.
         Sec. 487A.105.  CRIMINAL HISTORY BACKGROUND CHECK. (a)  An
  applicant for the issuance or renewal of a license under this
  subchapter 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 dispensing organization under this subchapter
  hires a manager or employee for the organization, the license
  holder must provide the department with the name of the prospective
  manager or employee. The license holder 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.
         (c)  The department shall conduct a criminal history
  background check on each individual whose name is provided to the
  department under Subsection (a) or (b). The director by rule shall:
               (1)  require each individual whose name is provided to
  the department under Subsection (a) or (b) to submit a complete set
  of fingerprints to the department on a form prescribed by the
  department for purposes of a criminal history background check
  under this section; and
               (2)  establish criteria for determining whether an
  individual passes the criminal history background check for the
  purposes of this section.
         (d)  After conducting a criminal history background check
  under this section, the department shall notify the relevant
  applicant or organization and the individual who is the subject of
  the criminal history background check as to whether the individual
  passed the criminal history background check.
         Sec. 487A.106.  DUTY TO MAINTAIN ELIGIBILITY. Each license
  holder under this subchapter must maintain compliance at all times
  with the eligibility requirements described by Section 487A.102.
         Sec. 487A.107.  DUTIES RELATING TO DISPENSING MEDICAL
  CANNABIS. (a)  Before dispensing medical cannabis to a person for
  whom medical use is recommended under Chapter 169A, Occupations
  Code, the dispensing organization must verify that the person is
  listed as a patient in the medical use registry.
         (b)  After dispensing medical cannabis to a patient for whom
  medical use is recommended under Chapter 169A, Occupations Code,
  the dispensing organization shall record in the medical use
  registry the form and quantity of the medical cannabis dispensed
  and the date and time of dispensation.
         Sec. 487A.108.  LICENSE SUSPENSION OR REVOCATION. (a)  The
  department may at any time suspend or revoke a license issued under
  this subchapter if the department determines that the license
  holder has not maintained the eligibility requirements described by
  Section 487A.102 or has failed to comply with a duty imposed under
  this chapter.
         (b)  The director shall give written notice to the license
  holder 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, the director may seize or place under seal all medical
  cannabis and drug paraphernalia owned or possessed by the
  dispensing organization. If the director orders the revocation of
  the license, a disposition may not be made of the seized or sealed
  medical 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 cannabis and drug paraphernalia may be forfeited to the
  state as provided under Subchapter E, Chapter 481.
         (d)  Chapter 2001, Government Code, applies to a proceeding
  under this section.
  SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS
         Sec. 487A.151.  REGISTRATION REQUIRED. (a)  An individual
  who is a director, manager, or employee of a dispensing
  organization must apply for and obtain a registration under this
  section.
         (b)  An applicant for a registration under this section must:
               (1)  be at least 18 years of age;
               (2)  submit a complete set of fingerprints to the
  department in the manner required by department rule; and
               (3)  pass a fingerprint-based criminal history
  background check as required by Section 487A.105.
         (c)  A registration expires on the second anniversary of the
  date of the registration's issuance, unless suspended or revoked
  under rules adopted under this chapter.
  SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES
         Sec. 487A.201.  COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
  MEDICAL 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, or possession of medical
  cannabis, as authorized by this chapter.
         SECTION 2.  Subtitle B, Title 3, Occupations Code, is
  amended by adding Chapter 169A to read as follows:
  CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO PATIENTS
  WITH POST-TRAUMATIC STRESS DISORDER
         Sec. 169A.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Public
  Safety.
               (2)  "Medical 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.
               (3)  "Medical use" means the ingestion by a means of
  administration other than by smoking of a recommended amount of
  medical cannabis by a person for whom medical use is recommended
  under this chapter.
               (4)  "Smoking" means burning or igniting a substance
  and inhaling the smoke.
         Sec. 169A.002.  RECOMMENDATION OF MEDICAL USE. (a)  A
  physician may recommend medical use in accordance with this chapter
  for a patient who is 18 years of age or older and has post-traumatic
  stress disorder.
         (b)  A physician who recommends medical use for a patient
  must:
               (1)  comply with the registration requirements of
  Section 169A.003; and
               (2)  certify to the department that:
                     (A)  the patient has post-traumatic stress
  disorder; and
                     (B)  the physician has determined that the risk of
  medical use by the patient is reasonable in light of the potential
  benefit for the patient.
         Sec. 169A.003.  RECOMMENDING PHYSICIAN REGISTRATION. (a)  
  Before a physician may recommend medical use for a patient under
  this chapter, the physician must register as the recommending
  physician for that patient in the medical use registry maintained
  by the department under Section 487A.054, Health and Safety Code.
  The physician's registration must indicate:
               (1)  the physician's name; and
               (2)  the patient's name and date of birth.
         (b)  The department may not publish the name of a physician
  registered under this section unless permission is expressly
  granted by the physician.
         Sec. 169A.004.  PATIENT TREATMENT PLAN. A physician who
  recommends medical use for a patient under this chapter must
  maintain a patient treatment plan that indicates:
               (1)  a plan for monitoring the patient's symptoms; and
               (2)  a plan for monitoring indicators of tolerance or
  reaction to medical cannabis.
         SECTION 3.  Section 122.103(c), Agriculture Code, is amended
  to read as follows:
         (c)  A qualified applicant who along with the application
  submits proof to the department that the applicant holds a license
  under Chapter 487 or 487A, Health and Safety Code, is not required
  to pay an application fee, and the department shall issue the
  license to the applicant within the time prescribed by Subsection
  (b).
         SECTION 4.  Section 411.0891(a), Government Code, is amended
  to read as follows:
         (a)  Subject to Section 411.087, the department is
  authorized to obtain and use criminal history record information
  maintained by the Federal Bureau of Investigation or the department
  that relates to a person who:
               (1)  is an applicant for or holds a registration issued
  by the director under Subchapter C, Chapter 481, Health and Safety
  Code, that authorizes the person to manufacture, distribute,
  analyze, or conduct research with a controlled substance;
               (2)  is an applicant for or holds a registration issued
  by the department under Chapter 487 or 487A, Health and Safety Code,
  to be a director, manager, or employee of a dispensing
  organization, as defined by Section 487.001 or 487A.001, Health and
  Safety Code;
               (3)  is an applicant for or holds an authorization
  issued by the department under Section 521.2476, Transportation
  Code, to do business in this state as a vendor of ignition interlock
  devices;
               (4)  is an applicant for or holds certification by the
  department as an inspection station or an inspector under
  Subchapter G, Chapter 548, Transportation Code, holds an inspection
  station or inspector certificate issued under that subchapter, or
  is the owner of an inspection station operating under that chapter;
  or
               (5)  is an applicant for or holds a certificate of
  registration issued by the department under Chapter 1956,
  Occupations Code, to act as a metal recycling entity.
         SECTION 5.  Section 411.502, Government Code, is amended to
  read as follows:
         Sec. 411.502.  APPLICABILITY.  This subchapter applies to a
  program, and persons regulated under the program, administered by
  the department under the following laws, including rules adopted
  under those laws:
               (1)  Section 411.0625;
               (2)  Chapter 487, Health and Safety Code;
               (3)  Chapter 487A, Health and Safety Code;
               (4)  Chapter 1702, Occupations Code;
               (5) [(4)]  Chapter 1956, Occupations Code;
               (6) [(5)]  Section 521.2476, Transportation Code; and
               (7) [(6)]  Subchapter G, Chapter 548, Transportation
  Code.
         SECTION 6.  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 licensed under Chapter
  487 that possesses low-THC cannabis; or
               (7)  a dispensing organization licensed under Chapter
  487A that possesses medical cannabis.
         SECTION 7.  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
  low-THC cannabis or medical 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 legal guardian, and the person possesses low-THC cannabis
  obtained under a valid prescription from a dispensing organization;
  [or]
               (2)  is a director, manager, or employee of a low-THC
  cannabis 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;
               (3)  for an offense involving possession only of
  marihuana or drug paraphernalia, is a patient for whom medical use
  is recommended under Chapter 169A, Occupations Code; or
               (4)  is a director, manager, or employee of a medical
  cannabis 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 medical
  cannabis or raw materials used in or by-products created by the
  production or cultivation of medical cannabis; or
                     (B)  any drug paraphernalia used in the
  acquisition, possession, production, cultivation, delivery, or
  disposal of medical cannabis.
         (f)  For purposes of Subsection (e):
               (1)  ["Dispensing organization" has the meaning
  assigned by Section 487.001.
               [(2)] "Low-THC cannabis" has the meaning assigned by
  Section 169.001, Occupations Code.
               (2)  "Low-THC cannabis dispensing organization" means
  a dispensing organization as defined by Section 487.001.
               (3)  "Medical cannabis" and "medical use" have the
  meanings assigned by Section 169A.001, Occupations Code.
               (4)  "Medical cannabis dispensing organization" means
  a dispensing organization as defined by Section 487A.001.
         SECTION 8.  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 low-THC cannabis dispensing organization[, as
  defined by Section 487.001, Health and Safety Code,] that
  cultivates, processes, and dispenses 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 medical cannabis dispensing organization that
  cultivates, processes, and dispenses medical cannabis, as
  authorized by a license issued under Subchapter C, Chapter 487A,
  Health and Safety Code, to a patient listed in the medical use
  registry established under that chapter.
         (a-1)  For purposes of Subsections (a)(5) and (6):
               (1)  "Low-THC cannabis dispensing organization" means
  a dispensing organization as defined by Section 487.001, Health and
  Safety Code.
               (2)  "Medical cannabis dispensing organization" means
  a dispensing organization as defined by Section 487A.001, Health
  and Safety Code.
         SECTION 9.  Not later than January 1, 2022, the public safety
  director of the Department of Public Safety shall adopt rules as
  required to implement, administer, and enforce Chapter 487A, Health
  and Safety Code, as added by this Act, including rules to establish
  the medical use registry required by that chapter.
         SECTION 10.  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, 2021.
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