Bill Text: TX HB837 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 837 (Prior Session Legislation)

Introduced

Bill Title: Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [HB837 Detail]

Download: Texas-2015-HB837-Introduced.html

	84R4785 GCB-D

	By: Naishtat	H.B. No. 837



	A BILL TO BE ENTITLED
	AN ACT
	relating to the medical use of marihuana; providing a 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 bona
	fide 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
	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, 2015.