Bill Text: TX SB1505 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the medical use of low-THC cannabis under and the administration of the Texas Compassionate-Use Program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-20 - Filed [SB1505 Detail]
Download: Texas-2025-SB1505-Introduced.html
89R13474 RDR-F | ||
By: Perry | S.B. No. 1505 |
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relating to the medical use of low-THC cannabis under and the | ||
administration of the Texas Compassionate-Use Program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 487.101, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 487.101. LICENSE REQUIRED. (a) A license issued by the | ||
department under this chapter is required to operate a dispensing | ||
organization. | ||
(b) A dispensing organization licensed under this chapter | ||
is not required to apply for an additional license for the use of a | ||
satellite location for secure storage of low-THC cannabis if: | ||
(1) the address of the satellite location was included | ||
in the application; or | ||
(2) the dispensing organization obtains approval from | ||
the department under Section 487.1035. | ||
SECTION 2. Section 487.103(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The application must include: | ||
(1) the name and address of the applicant; | ||
(2)[ |
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directors, managers, and employees; | ||
(3) the address of any satellite location that will be | ||
used by the applicant for secure storage of low-THC cannabis under | ||
Section 487.1035;[ |
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(4) any other information considered necessary by the | ||
department to determine the applicant's eligibility for the | ||
license. | ||
SECTION 3. Subchapter C, Chapter 487, Health and Safety | ||
Code, is amended by adding Section 487.1035 to read as follows: | ||
Sec. 487.1035. SATELLITE LOCATIONS. (a) A dispensing | ||
organization licensed under this chapter may operate one or more | ||
satellite locations in addition to the organization's primary | ||
location to securely store low-THC cannabis for distribution. | ||
(b) A satellite location must be approved by the department | ||
before a dispensing organization may operate the location. A | ||
dispensing organization may apply for approval in the form and | ||
manner prescribed by the department. | ||
(c) The department shall adopt rules regarding the design | ||
and security requirements for satellite locations. | ||
SECTION 4. Section 487.104, Health and Safety Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) The department may issue not more than six licenses | ||
under this section for dispensing organizations in this state. | ||
(e) The department shall issue and renew licenses under this | ||
section in a manner that ensures adequate access to low-THC | ||
cannabis for patients registered in the compassionate-use registry | ||
in each public health region designated under Section 121.007. | ||
SECTION 5. Subchapter C, Chapter 487, Health and Safety | ||
Code, is amended by adding Section 487.1045 to read as follows: | ||
Sec. 487.1045. REQUIREMENT OF LICENSE HOLDER TO BEGIN AND | ||
MAINTAIN OPERATIONS. (a) An applicant issued a license to operate a | ||
dispensing organization must begin dispensing low-THC cannabis not | ||
later than 24 months after the date the license is issued and | ||
continue dispensing low-THC cannabis during the term of a license | ||
issued under this subchapter. | ||
(b) The department shall adopt rules to: | ||
(1) monitor whether a dispensing organization is using | ||
a license issued under this subchapter to dispense low-THC | ||
cannabis; and | ||
(2) revoke the license of a dispensing organization | ||
that does not dispense low-THC cannabis within the time required by | ||
this section or that discontinues dispensing low-THC cannabis | ||
during the term of a license. | ||
SECTION 6. Section 487.107, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A dispensing organization may not dispense to a person | ||
low-THC cannabis in a package or container that contains more than a | ||
total of 300 milligrams of tetrahydrocannabinols. | ||
SECTION 7. Section 487.201, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT | ||
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, storage, dispensing, or possession of | ||
low-THC cannabis, as authorized by this chapter. | ||
SECTION 8. Sections 169.001(3), (4), and (5), Occupations | ||
Code, are 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 not more than five milligrams [ |
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tetrahydrocannabinols in each dosage unit. | ||
(4) "Medical use" means the ingestion, absorption, or | ||
insertion by a means of administration other than by smoking of a | ||
prescribed amount of low-THC cannabis by a person for whom low-THC | ||
cannabis is prescribed under this chapter. | ||
(5) "Smoking" means burning or igniting a substance | ||
and inhaling the smoke. The term does not include inhaling a | ||
medication or other substance that is otherwise aerosolized or | ||
vaporized for administration by pulmonary inhalation. | ||
SECTION 9. Section 169.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A | ||
physician described by Section 169.002 may prescribe low-THC | ||
cannabis to a patient if: | ||
(1) the patient is a permanent resident of the 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) epilepsy; | ||
(ii) a seizure disorder; | ||
(iii) multiple sclerosis; | ||
(iv) spasticity; | ||
(v) amyotrophic lateral sclerosis; | ||
(vi) autism; | ||
(vii) cancer; | ||
(viii) an incurable neurodegenerative | ||
disease; | ||
(ix) post-traumatic stress disorder; or | ||
(x) a medical condition that is approved | ||
for a research program under Subchapter F, Chapter 487, Health and | ||
Safety Code, and for which the patient is receiving treatment under | ||
that program; 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. | ||
(b) Each prescription issued by a physician to a patient for | ||
low-THC cannabis may only provide for a 90-day supply of low-THC | ||
cannabis based on the dosage prescribed to the patient. | ||
SECTION 10. Chapter 169, Occupations Code, is amended by | ||
adding Section 169.006 to read as follows: | ||
Sec. 169.006. ADMINISTRATION OF LOW-THC CANNABIS BY | ||
PULMONARY INHALATION. (a) A physician may prescribe pulmonary | ||
inhalation of an aerosol or vapor as a means of administration of | ||
low-THC cannabis if the physician determines that based on the | ||
patient's condition there is a medical necessity for that means of | ||
administration. | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules related to medical devices | ||
for pulmonary inhalation of low-THC cannabis. | ||
SECTION 11. Not later than October 1, 2025: | ||
(1) the Department of Public Safety shall adopt the | ||
rules necessary to implement Sections 487.1035 and 487.1045, Health | ||
and Safety Code, as added by this Act; and | ||
(2) the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules necessary to implement | ||
Section 169.006, Occupations Code, as added by this Act. | ||
SECTION 12. This Act takes effect September 1, 2025. |