HB5307 - Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products and the local regulation of cannabis establishments; providing for expunction of records relating to certain decriminalized conduct; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

  89R15965 LHC-F     By: Talarico H.B. No. 5307       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the cultivation, manufacture,   processing, distribution, sale, testing, transportation, delivery,   transfer, possession, use, and taxation of cannabis and cannabis   products and the local regulation of cannabis establishments;   providing for expunction of records relating to certain   decriminalized conduct; authorizing the imposition of fees;   requiring an occupational license; creating a criminal offense;   imposing a tax.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. SHORT TITLE          SECTION 1.01.  This Act may be cited as the Texas Regulation   of Cannabis Act.   ARTICLE 2. REGULATION AND TAXATION OF CANNABIS          SECTION 2.01.  Subtitle C, Title 6, Health and Safety Code,   is amended by adding Chapter 491 to read as follows:   CHAPTER 491. REGULATION OF CANNABIS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 491.0001.  DEFINITIONS. In this chapter:                 (1)     "Adult" means an individual 21 years of age or   older.                 (2)     "Cannabis" means the plant Cannabis sativa L.,   whether growing or not, the seeds of that plant, and every compound,   manufacture, salt, derivative, mixture, or preparation of that   plant or its seeds. The term includes cannabis concentrate. The   term does not include:                       (A)     the mature stalks of the plant or fiber   produced from the stalks;                       (B)  oil or cake made from the seeds of the plant;                       (C)     a compound, manufacture, salt, derivative,   mixture, or preparation of the mature stalks, fiber, oil, or cake;                       (D)     the sterilized seeds of the plant that are   incapable of beginning germination;                       (E)     hemp, as that term is defined by Section   121.001, Agriculture Code; or                       (F)     a consumable hemp product, as that term is   defined by Section 443.001.                 (3)     "Cannabis concentrate" means the resin extracted   from a part of the plant Cannabis sativa L. or a compound,   manufacture, salt, derivative, mixture, or preparation of the   resin.                 (4)     "Cannabis establishment" means an entity licensed   by the department under this chapter to process and dispense   cannabis and cannabis products to an adult.                 (5)     "Cannabis grower" means an entity licensed by the   department to cultivate cannabis for sale and distribution to a   cannabis establishment.                 (6)     "Cannabis product" means a product that contains   cannabis and is intended for use or consumption by humans,   including as an edible product or as a topical product, ointment,   oil, or tincture. The term includes products that consist of   cannabis and other ingredients.                 (7)     "Cannabis-related drug paraphernalia" means   equipment, a product, or material that is used or intended for use   in:                       (A)     planting, propagating, cultivating, growing,   harvesting, manufacturing, compounding, converting, producing,   processing, preparing, testing, analyzing, packaging, repackaging,   storing, or containing cannabis or a cannabis product; or                       (B)     introducing cannabis or a cannabis product   into the human body.                 (8)     "Cannabis secure transporter" means an entity   licensed by the department under this chapter to transport cannabis   from a cannabis grower to a cannabis establishment.                 (9)     "Cannabis testing facility" means an entity   licensed by the department under this chapter to analyze the safety   and potency of cannabis and cannabis products.                 (10)     "Commission" means the Texas Commission of   Licensing and Regulation.                 (11)     "Cultivate" means to propagate, breed, grow,   harvest, dry, cure, or separate parts of the cannabis plant by   manual or mechanical means.                 (12)     "Department" means the Texas Department of   Licensing and Regulation.                 (13)     "Executive director" means the executive   director of the department.                 (14)     "Marihuana" has the meaning assigned by Section   481.002.                 (15)     "Process" means to separate or otherwise prepare   parts of the cannabis plant and to compound, blend, extract,   infuse, or otherwise make or prepare cannabis concentrate or   cannabis products.   SUBCHAPTER B. PROTECTIONS FROM LEGAL ACTION RELATED TO CANNABIS           Sec.   491.0051.     AUTHORIZED CONDUCT: PERSONAL USE OF   CANNABIS. An adult is authorized under this chapter to:                 (1)     use, possess, and transport not more than 2.5   ounces of cannabis, except that not more than 15 grams of that   amount may be in the form of cannabis concentrate;                 (2)     transfer without remuneration to another adult not   more than 2.5 ounces of cannabis, except that not more than 15 grams   of that amount may be in the form of cannabis concentrate and   provided that the transfer is not advertised or promoted to the   public;                 (3)     cultivate for personal use not more than 12   cannabis plants in an area on the premises of the adult's private   residence, provided that the cultivation occurs in an enclosed area   that is:                       (A)     equipped with locks or other security devices   that restrict access to the area; and                       (B)     not visible from a public place without the   use of aircraft or optical aids;                 (4)     possess, store, or process on the premises of the   adult's private residence not more than:                       (A)     the amount of cannabis produced from cannabis   plants cultivated on the premises, provided that:                             (i)     not more than 12 cannabis plants are   possessed, cultivated, or processed on the premises at one time;   and                             (ii)     any amount of cannabis in excess of 2.5   ounces is stored in a container or area equipped with locks or other   security devices that restrict access to the contents of the   container or area; and                       (B)     10 ounces of cannabis that were not produced   from cannabis plants cultivated on the premises, provided that the   amount in excess of 2.5 ounces is stored in a container or area   described by Paragraph (A)(ii);                 (5)     use, possess, process, transport, or transfer to   another adult without remuneration an amount of cannabis products   specified by rule of the commission as the allowable amount of   cannabis for purposes of this subdivision; and                 (6)     use, possess, transport, or transfer to another   adult without remuneration cannabis-related drug paraphernalia.           Sec.   491.0052.     AUTHORIZED CONDUCT: RETAIL CANNABIS   OPERATIONS. This chapter authorizes the conduct of:                 (1)     a cannabis grower director, manager, or employee   who, acting within the scope of the grower's license:                       (A)     cultivates cannabis or produces cannabis   products for sale or transfer to a cannabis establishment; and                       (B)     possesses cannabis or cannabis-related drug   paraphernalia;                 (2)     a cannabis establishment director, manager, or   employee who, acting within the scope of the establishment's   license, possesses cannabis or cannabis products or transfers or   sells cannabis, cannabis products, or cannabis-related drug   paraphernalia to an adult;                 (3)     a cannabis secure transporter director, manager,   or employee who, acting within the scope of the secure   transporter's license, transports, transfers, or delivers cannabis   or cannabis products from a cannabis grower to a cannabis   establishment; and                 (4)     a cannabis testing facility director, manager, or   employee who, acting within the scope of the facility's license,   possesses or tests cannabis, cannabis products, or   cannabis-related drug paraphernalia.           Sec.   491.0053.     PROTECTION FROM LEGAL ACTION FOR AUTHORIZED   CONDUCT. (a) A person is not subject to arrest, prosecution,   forfeiture of property, 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 solely due to conduct authorized under Section 491.0051   or 491.0052.           (b)     The fact that a person engages in conduct authorized by   Section 491.0051 or 491.0052 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.   491.0054.     PROHIBITION OF CANNABIS ON PRIVATE PROPERTY;   EXCEPTION. (a) Except as otherwise provided by Subsection (b), a   person may prohibit or restrict the possession, consumption,   cultivation, distribution, processing, sale, or display of   cannabis or cannabis products on property the person owns,   occupies, or manages.           (b)     A person may not prohibit a residential tenant under a   lease agreement from possessing cannabis, cannabis products, or   cannabis-related drug paraphernalia or consuming cannabis by means   other than smoking on the premises.           Sec.   491.0055.     CONDUCT NOT AUTHORIZED UNDER THIS CHAPTER.   This chapter does not authorize the following conduct:                 (1)     operating a motor vehicle while intoxicated or   otherwise violating Chapter 49, Penal Code;                 (2)  smoking or otherwise consuming cannabis in:      [Text truncated for display. Full text available on Congress.gov.]