bill widens low-THC cannabis program to PTSD, ALS, autism

The text as introduced · 1,144 words

89R18491 RDR-F

By: King
H.B. No. 46

A BILL TO BE ENTITLED

AN ACT

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) [ , ] the name and address of each of the applicant's

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; [ , ] and

(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 shall issue 11 licenses under this

section to dispensing organizations in this state provided that the

department receives applications from a sufficient number of

applicants meeting the requirements for approval under this

subchapter.

(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 1.2 grams 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 20 milligrams [ one percent by weight ] of

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.