7 December 2016

Here’s the report

“Doctors, not politicians, should be determining what is best for Texas patients,” said Senator Menéndez. “This is legitimate medicine that can help a of variety people, from the grandmother suffering from cancer to the veteran coping with PTSD after returning home from war.”

The bill will allow patients with debilitating and chronic medical conditions to receive cannabis under recommendation and consultation of their doctor.

“Twenty-eight states have recognized the medical benefit of cannabis, including conservative states like Arkansas, Montana, and North Dakota,” said Senator Menéndez. “It’s time Texas steps up to the plate and provide real relief for our suffering patients.”

Last session, Senator Menéndez filed the first comprehensive medical cannabis legislation in the history of Texas, Senate Bill 1839. He was also the co-author of the landmark Senate Bill 339 which allowed for limited cannabis use for people with intractable epilepsy.

http://kfdm.com/news/local/state-senator-to-file-texas-medical-cannabis-bill

Here’s the full text

84R6525 GCB-F

By: Eltife

S.B. No. 339

 

 

 

A BILL TO BE ENTITLED

 

AN ACT

relating to the medical use of low-THC cannabis and the regulation

of related organizations and individuals; requiring a dispensing

organization to obtain a license to dispense low-THC cannabis and

any employee of a dispensing organization to obtain a registration;

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 487 to read as follows:

CHAPTER 487.  TEXAS COMPASSIONATE-USE ACT

SUBCHAPTER A.  GENERAL PROVISIONS

       Sec. 487.001.  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 a nonprofit

organization licensed by the department to cultivate, process, and

dispense low-THC cannabis to a patient for whom low-THC cannabis is

prescribed under Chapter 169, Occupations Code.

             (4)  “Low-THC cannabis” has the meaning assigned by

Section 169.001, Occupations Code.

             (5)  “Nonprofit organization” means any organization

exempt from taxation under Section 501(a) of the Internal Revenue

Code of 1986 as an organization described in Section 501(c) of that

code.

SUBCHAPTER B.  DUTIES OF DEPARTMENT

       Sec. 487.051.  DUTIES OF DEPARTMENT. The department shall

administer this chapter.

       Sec. 487.052.  RULES. The director shall adopt any rules

necessary for the administration and enforcement of this chapter,

including rules imposing fees under this chapter in amounts

sufficient to cover the cost of administering this chapter.

       Sec. 487.053.  LICENSING OF DISPENSING ORGANIZATIONS AND

REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a)  The

department shall:

             (1)  issue or renew a license to operate as a dispensing

organization to each applicant who satisfies the requirements

established under this chapter; and

             (2)  register directors, managers, and employees of

each dispensing organization.

       (b)  The department shall enforce compliance of licensees

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. 487.054.  COMPASSIONATE-USE REGISTRY. (a)  The

department shall establish and maintain a secure online

compassionate-use registry that contains:

             (1)  the name of each physician who registers as the

prescriber for a patient under Section 169.003, Occupations Code,

the name and date of birth of the patient, the dosage prescribed,

the means of administration ordered, and the total amount of

low-THC cannabis required to fill the patient’s prescription; and

             (2)  a record of each amount of low-THC cannabis

dispensed by a dispensing organization to a patient under a

prescription.

       (b)  The department shall ensure the registry:

             (1)  is designed to:

                   (A)  allow a physician qualified to prescribe

low-THC cannabis under Section 169.002, Occupations Code, or

dispensing organization to record information in the registry; and

                   (B)  prevent more than one qualified physician

from registering as the prescriber for a single patient; and

             (2)  is accessible to law enforcement agencies and

dispensing organizations for the purpose of verifying whether a

patient is one for whom low-THC cannabis is prescribed and whether

the patient’s prescriptions have been filled.

SUBCHAPTER C.  LICENSE TO OPERATE AS DISPENSING ORGANIZATION

       Sec. 487.101.  LICENSE REQUIRED. A license issued by the

department under this chapter is required to operate a dispensing

organization.

       Sec. 487.102.  ELIGIBILITY FOR LICENSE. An applicant for a

license to operate as a dispensing organization is eligible for the

license if:

             (1)  the applicant is a nonprofit organization;

             (2)  as determined by the department, the applicant

possesses:

                   (A)  the technical and technological ability to

cultivate and produce low-THC 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 compassionate-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 low-THC 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;

             (3)  each director, manager, or employee of the

applicant is registered under Subchapter D; and

             (4)  the applicant satisfies any additional criteria

determined by the director to be necessary to safely implement this

chapter.

       Sec. 487.103.  APPLICATION.  (a) A nonprofit organization

may apply for an initial or renewal license to operate as a

dispensing organization 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 director, manager, and

employee, and any other information considered necessary by the

department to determine the applicant’s eligibility for the

license.

       Sec. 487.104.  ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.  (a)  

The department shall issue or renew a license to operate as a

dispensing organization only if:

             (1)  the department determines the applicant meets the

eligibility requirements described by Section 487.102; and

             (2)  issuance or renewal of the license is necessary to

ensure reasonable statewide access to, and the availability of,

low-THC cannabis for patients registered in the compassionate-use

registry and for whom low-THC cannabis is prescribed under Chapter

169, Occupations Code.

       (b)  If the department denies the issuance or renewal of a

license under Subsection (a), the applicant is entitled to a

hearing. The department shall give written notice of the grounds

for denial to the applicant at least 30 days before the hearing.

       (c)  A license issued or renewed under this section expires

on the second anniversary of the date of issuance or renewal, as

applicable.

       Sec. 487.105.  CRIMINAL HISTORY BACKGROUND CHECK. (a) An

applicant for the issuance or renewal of a license to operate as a

dispensing organization shall provide the department with the name

of each of the applicant’s directors, managers, and employees.

       (b)  Before a dispensing organization licensee hires a

manager or employee for the organization, the licensee must provide

the department with the name of the prospective manager or

employee.  The licensee may not transfer the license to another

nonprofit organization before that prospective organization and

its directors, managers, and employees pass a criminal 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)  determine the manner by which an individual is

required to submit a complete set of fingerprints to 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. 487.106.  DUTY TO MAINTAIN ELIGIBILITY. A dispensing

organization must maintain compliance at all times with the

eligibility requirements described by Section 487.102.

       Sec. 487.107.  DUTIES RELATING TO DISPENSING PRESCRIPTION.  

(a)  Before dispensing low-THC cannabis to a person for whom the

low-THC cannabis is prescribed under Chapter 169, Occupations Code,

the dispensing organization must verify that the prescription

presented:

             (1)  is for a person listed as a patient in the

compassionate-use registry;

             (2)  matches the entry in the compassionate-use

registry with respect to the total amount of low-THC cannabis

required to fill the prescription; and

             (3)  has not previously been filled by a dispensing

organization as indicated by an entry in the compassionate-use

registry.

       (b)  After dispensing low-THC cannabis to a patient for whom

the low-THC cannabis is prescribed under Chapter 169, Occupations

Code, the dispensing organization shall record in the

compassionate-use registry the form and quantity of low-THC

cannabis dispensed and the date and time of dispensation.

       Sec. 487.108.  LICENSE SUSPENSION OR REVOCATION.  (a)  The

department may at any time suspend or revoke a license issued under

this chapter if the department determines that the licensee has not

maintained the eligibility requirements described by Section

487.102 or has failed to comply with a duty imposed under this

chapter.

       (b)  The director shall give written notice to the dispensing

organization 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

chapter, the director may seize or place under seal all low-THC

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

low-THC 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

low-THC 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. 487.151.  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 487.105.

       (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. 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, dispensing, or possession of low-THC

cannabis, as authorized by this chapter.

       SECTION 2.  Section 481.062(a), Health and Safety Code, is

amended to read as follows:

       (a)  The following persons are not required to register and

may possess a controlled substance under this chapter:

             (1)  an agent or employee of a registered manufacturer,

distributor, analyzer, or dispenser of the controlled substance

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; [or]

             (5)  if the substance is tetrahydrocannabinol or one of

its derivatives:

                   (A)  an [a Texas Department of Health] official of

the Department of State Health Services, 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.

       SECTION 3.  Section 481.111, Health and Safety Code, is

amended by adding Subsections (e) and (f) 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 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

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.

       (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.

       SECTION 4.  Subtitle B, Title 3, Occupations Code, is

amended by adding Chapter 169 to read as follows:

CHAPTER 169. AUTHORITY TO PRESCRIBE LOW-THC CANNABIS TO CERTAIN

PATIENTS FOR COMPASSIONATE USE

       Sec. 169.001.  DEFINITIONS. In this chapter:

             (1)  “Department” means the Department of Public

Safety.

             (2)  “Intractable epilepsy” means a seizure disorder in

which the patient’s seizures have been treated by two or more

appropriately chosen and maximally titrated antiepileptic drugs

that have failed to control the seizures.

             (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:

                   (A)  not more than 0.5 percent by weight of

tetrahydrocannabinols; and

                   (B)  not less than 10 percent by weight of

cannabidiol.

             (4)  “Medical use” means the ingestion 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.

       Sec. 169.002.  PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC

CANNABIS. (a) Only a physician qualified as provided by this

section may prescribe low-THC cannabis in accordance with this

chapter.

       (b)  A physician is qualified to prescribe low-THC cannabis

to a patient with intractable epilepsy if the physician:

             (1)  is licensed under this subtitle;

             (2)  dedicates a significant portion of clinical

practice to the evaluation and treatment of epilepsy; and

             (3)  is certified:

                   (A)  by the American Board of Psychiatry and

Neurology in:

                         (i)  epilepsy; or

                         (ii)  neurology or neurology with special

qualification in child neurology and is otherwise qualified for the

examination for certification in epilepsy; or

                   (B)  in neurophysiology by:

                         (i)  the American Board of Psychiatry and

Neurology; or

                         (ii)  the American Board of Clinical

Neurophysiology.

       Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS. A

physician described by Section 169.002 may prescribe low-THC

cannabis to alleviate a patient’s seizures 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 intractable

epilepsy;

                   (B)  the physician has provided two or more

different treatments approved by the United States Food and Drug

Administration and the provided treatments have not alleviated the

patient’s seizures;

                   (C)  no other treatment options approved by the

United States Food and Drug Administration are available or

appropriate for the patient;

                   (D)  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; and

                   (E)  if the patient is younger than 18 years of

age:

                         (i)  a second physician qualified to

prescribe low-THC cannabis under Section 169.002 has concurred with

the determination under Paragraph (D); and

                         (ii)  the second physician’s concurrence is

recorded in the patient’s medical record.

       Sec. 169.004.  LOW-THC CANNABIS PRESCRIBER REGISTRATION.

Before a physician qualified to prescribe low-THC cannabis under

Section 169.002 may prescribe or renew a prescription for low-THC

cannabis for a patient under this chapter, the physician must

register as the prescriber for that patient in the

compassionate-use registry maintained by the department under

Section 487.054, Health and Safety Code. The physician’s

registration must indicate:

             (1)  the physician’s name;

             (2)  the patient’s name and date of birth;

             (3)  the dosage prescribed to the patient;

             (4)  the means of administration ordered for the

patient; and

             (5)  the total amount of low-THC cannabis required to

fill the patient’s prescription.

       Sec. 169.005.  PATIENT TREATMENT PLAN. A physician

described by Section 169.002 who prescribes low-THC cannabis for a

patient’s medical use under this chapter must maintain a patient

treatment plan that indicates:

             (1)  the dosage, means of administration, and planned

duration of treatment for the low-THC cannabis;

             (2)  a plan for monitoring the patient’s symptoms; and

             (3)  a plan for monitoring indicators of tolerance or

reaction to low-THC cannabis.

       SECTION 5.  Section 551.004(a), Occupations Code, is amended

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; [or]

             (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 dispensing organization, as defined by Section

487.001, Health and Safety Code, that cultivates, processes, and

dispenses low-THC cannabis, as authorized by Chapter 487, Health

and Safety Code, to a patient listed in the compassionate-use

registry established under that chapter.

       SECTION 6.  (a) Not later than December 1, 2015, the public

safety director of the Department of Public Safety shall adopt

rules as required to implement, administer, and enforce Chapter

487, Health and Safety Code, as added by this Act, including rules

to establish the compassionate-use registry required by that

chapter.

       (b)  Not later than January 1, 2018, the Department of Public

Safety shall license at least three dispensing organizations in

accordance with Section 487.053, Health and Safety Code, as added

by this Act, provided at least three applicants for a license to

operate as a dispensing organization have met the requirements for

approval provided by Subchapter C, Chapter 487, Health and Safety

Code, as added by this Act.

       SECTION 7.  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, 2015.