HB1504 - Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and cannabis testing facilities; authorizing fees.

  89R4574 CJD-F     By: Reynolds H.B. No. 1504       A BILL TO BE ENTITLED   AN ACT   relating to authorizing the possession, use, cultivation,   distribution, transportation, and delivery of medical cannabis for   medical use by qualifying patients with certain debilitating   medical conditions and the licensing of dispensing organizations   and cannabis testing facilities; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. AMENDMENTS TO CHAPTER 487, HEALTH AND SAFETY CODE          SECTION 1.01.  Section 487.001, Health and Safety Code, is   amended to read as follows:          Sec. 487.001.  DEFINITIONS.  In this chapter:                (1)   "Cannabis testing facility" means an independent   entity licensed by the department under this chapter to analyze the   safety and potency of medical cannabis.                 (2)     "Cardholder" means a qualifying patient or a   registered caregiver who is issued a registry identification card.                 (3)     "Debilitating medical condition," "medical   cannabis," "medical practitioner," "medical use," and "qualifying   patient" have the meanings assigned by Section 169.001, Occupations   Code.                 (4)   "Department" means the Department of Public   Safety.                 (5)  "Designated caregiver" means a person who:                       (A)     is at least 21 years of age or a parent, legal   guardian, or conservator of a qualifying patient; and                       (B)     has significant responsibility for managing   the medical care of a qualifying patient listed on the   compassionate-use registry.                 (6)  [ (2) ]  "Director" means the public safety director   of the department.                 (7)  [ (3) ]  "Dispensing organization" means an   organization licensed by the department to cultivate, process, and   dispense medical [ low-THC ] cannabis to a patient for whom medical   use [ low-THC cannabis ] is recommended [ prescribed ] under Chapter   169, Occupations Code.                 (8)     "Drug paraphernalia" has the meaning assigned by   Section 481.002.                 (9)     "Nonresident cardholder" means a person who is not   a resident of this state and who:                       (A)     has been diagnosed with a debilitating   medical condition and issued a currently valid registry   identification card or the equivalent under the laws of another   state, district, territory, commonwealth, insular possession of   the United States, or country recognized by the United States, that   authorizes medical use by the person in the jurisdiction of   issuance; or                       (B)     is the parent, legal guardian, or conservator   of a person described by Paragraph (A).                 (10)     "Registered caregiver" means a designated   caregiver who has been issued a registry identification card   identifying the person as a registered caregiver of a qualifying   patient listed on the compassionate-use registry.                 (11)     "Registry identification card" means a document   issued by the department that identifies a person as:                       (A)     a qualifying patient listed on the   compassionate-use registry; or                       (B)     a registered caregiver of a qualifying   patient listed on the compassionate-use registry.                 (12)     "Written certification" means a document   produced under Section 169.002, Occupations Code.                [ (4)     "Low-THC cannabis" has the meaning assigned by   Section 169.001, Occupations Code. ]          SECTION 1.02.  Chapter 487, Health and Safety Code, is   amended by adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS           Sec.   487.021.     PROTECTION FROM LEGAL ACTION. (a) This   section applies to a person who is:                 (1)  a cardholder;                 (2)  a nonresident cardholder;                 (3)  a dispensing organization;                 (4)  a cannabis testing facility; or                 (5)     a director, manager, or employee of a dispensing   organization or of a cannabis testing facility who is registered   with the department under Section 487.053.           (b)     Notwithstanding any other law, a person described by   Subsection (a) is not subject to arrest, prosecution, or penalty in   any manner, or denial of any right or privilege, including any civil   penalty or disciplinary action by a court or occupational or   professional licensing board or bureau, for conduct involving   medical use that is authorized under this chapter, department rule,   or Chapter 169, Occupations Code.           Sec.   487.022.     NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR   ENDANGERMENT. A person described by Section 487.021(a) may not be   presumed to have engaged in conduct constituting child abuse,   neglect, or endangerment solely because the person engaged in   conduct involving medical use that is authorized under this   chapter, department rule, or Chapter 169, Occupations Code.           Sec.   487.023.     NO DENIAL OF PARENTAL RIGHTS. The fact that a   person described by Section 487.021(a) engages in conduct   authorized under this chapter, department rule, or Chapter 169,   Occupations Code, does not in itself constitute grounds for   denying, limiting, or restricting conservatorship or possession of   or access to a child under Title 5, Family Code.           Sec.   487.024.     NO SEIZURE OR FORFEITURE. Property used in   the cultivation, distribution, transportation, and delivery of   medical cannabis for medical use that is authorized under this   chapter, department rule, or Chapter 169, Occupations Code, is not   contraband for purposes of Chapter 59, Code of Criminal Procedure,   and is not subject to seizure or forfeiture under that chapter or   other law solely for the use of the property in those authorized   activities.           Sec.   487.025.     NO PROSECUTION FOR PROVISION OF   PARAPHERNALIA. A person is not subject to arrest, prosecution, or   the imposition of any sentence or penalty for the delivery,   possession with intent to deliver, or manufacture of any item that   meets the definition of drug paraphernalia, if that item is   delivered, possessed with intent to deliver, or manufactured for   the sole purpose of providing that item to a cardholder or   nonresident cardholder for medical use under this chapter,   department rule, or Chapter 169, Occupations Code.          SECTION 1.03.  Section 487.052, Health and Safety Code, is   amended to read as follows:          Sec. 487.052.  RULES. (a) The director shall adopt any   rules necessary for the administration and enforcement of this   chapter .           (b)  The director shall adopt reasonable [ , including ] rules   imposing fees under this chapter in amounts sufficient to cover the   cost of administering this chapter. Fees collected under a rule   adopted under this chapter may be used only for the administration   of this chapter.           (c)     The director shall adopt rules in accordance with   Section 487.081 governing the allowable amount of medical cannabis   a cardholder or nonresident cardholder may possess for medical use   by a qualifying patient.           (d)     The director by rule shall adopt labeling requirements   for medical cannabis.           (e)     The director shall adopt rules establishing security   requirements concerning the cultivation of medical cannabis by a   cardholder.           (f)     The director shall adopt reasonable rules governing   access to medical cannabis by nonresident cardholders.          SECTION 1.04.  The heading to Section 487.053, Health and   Safety Code, is amended to read as follows:          Sec. 487.053.  LICENSING OF DISPENSING ORGANIZATIONS AND   CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED   INDIVIDUALS.          SECTION 1.05.  Section 487.053(a), Health and Safety Code,   is amended to read as follows:          (a)  The department shall:                (1)  issue or renew a license to operate as :                       (A)   a dispensing organization to each applicant   who satisfies the requirements established under this chapter for   licensure as a dispensing organization ; and                       (B)     a cannabis testing facility to each applicant   who satisfies the requirements established under this chapter for   licensure as a cannabis testing facility; and                (2)  register directors, managers, and employees of   each :                       (A)   dispensing organization ; and                       (B)  cannabis testing facility .          SECTION 1.06.  Section 487.054, Health and Safety Code, is   amended to read as follows:          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 individual who is issued a   registry identification card and each nonresident cardholder who   receives medical cannabis from a dispensing organization;                 (2)     the name of each medical practitioner who   recommends medical use to a qualifying patient and [ physician who   registers as the prescriber for a patient under Section 169.004,   Occupations Code, ] the name and date of birth of that [ 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                 (3)  [ (2) ]  a record of each amount of medical [ low-THC ]   cannabis dispensed by a dispensing organization to a cardholder or   nonresident cardholder [ patient under a prescription ].          (b)  The department shall ensure the registry:                (1)  is designed to prevent more than one medical   practitioner [ qualified physician ] from registering as the   recommending medical practitioner [ prescriber ] for a single   patient; and &#xA0 [Text truncated for display. 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