bill widening the low-THC cannabis program

The text as introduced · 678 words

89R8315 RDR-D

By: Johnson
S.B. No. 928

A BILL TO BE ENTITLED

AN ACT

relating to the delivery, possession, and medical use of low-THC

cannabis and associated drug paraphernalia under the Texas

Compassionate Use Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 169.001(3), Occupations Code, is 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 10 milligrams [ one percent by weight ] of

tetrahydrocannabinols in each dosage unit .

SECTION 2. 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 condition that causes chronic pain,

for which a physician would otherwise prescribe an opioid;

(xi) 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; or

(xii) a debilitating medical condition

designated by the Department of State Health Services under

Subsection (b); 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) The Department of State Health Services by rule may

designate debilitating medical conditions for which a physician may

prescribe low-THC cannabis under this section.

SECTION 3. Section 481.111(e), Health and Safety Code, is

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 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 parent or legal guardian, and the person possesses

low-THC cannabis obtained under a valid prescription from a

dispensing organization or drug paraphernalia associated with

administering the low-THC cannabis ;

(2) for an offense involving delivery only of

marihuana or drug paraphernalia, is the parent or legal guardian of

a patient for whom low-THC cannabis is prescribed under Chapter

169, Occupations Code, and the person delivers to the patient

low-THC cannabis obtained under a valid prescription from a

dispensing organization or drug paraphernalia associated with

administering the low-THC cannabis; or

(3) [ (2) ] is a director, manager, or employee of a

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.

SECTION 4. The change in law made by this Act to Section

481.111, Health and Safety Code, 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 governed 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 5. This Act takes effect September 1, 2025.