SB733 - Relating to the creation of a medical cannabis research program; authorizing fees.

  89R4873 LHC-F     By: Menéndez S.B. No. 733       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a medical cannabis research program;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is   amended by adding Chapter 446 to read as follows:   CHAPTER 446. MEDICAL CANNABIS RESEARCH PROGRAM   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   446.001.     SHORT TITLE. This chapter may be cited as the   Medical Cannabis Research Act.           Sec. 446.002.  DEFINITIONS. In this chapter:                 (1)     "Advisory board" means the medical cannabis   research advisory board established under this chapter.                 (2)     "License" means a medical cannabis research   license issued by the department under Subchapter C.                 (3)     "License holder" means a person who holds a   medical cannabis research license.                 (4)     "Medical 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.   The   term does not include hemp, as defined by Section 121.001,   Agriculture Code, or a consumable hemp product, as defined by   Section 443.001 of this code.   SUBCHAPTER B. MEDICAL CANNABIS RESEARCH ADVISORY BOARD           Sec.   446.051.     ESTABLISHMENT OF ADVISORY BOARD. (a)   A   medical cannabis research advisory board is established to perform   functions and duties under this chapter.           (b)     The executive commissioner shall assist the advisory   board as provided by this chapter.           Sec.   446.052.     MEMBERSHIP. (a) The advisory board members   are appointed by the governor and serve staggered six-year terms,   with the terms of one-third of the members, or as near to one-third   as possible, expiring on August 31 of each odd-numbered year.           (b)     The advisory board shall be composed of the following 11   members:                 (1)     a licensed physician certified by the American   Board of Internal Medicine and certified in the subspecialty of   medical oncology;                 (2)     a licensed physician certified by the American   Board of Surgery;                 (3)     a licensed physician certified by the American   Board of Psychiatry and Neurology;                 (4)     a licensed physician certified by the American   Board of Family Medicine;                 (5)     a licensed physician certified in neurology with a   special qualification in child neurology;                 (6)     a licensed physician specializing in pain   management certified by the American Board of Anesthesiology, the   American Board of Psychiatry and Neurology, or the American Board   of Physical Medicine and Rehabilitation;                 (7)  a licensed pharmacist;                 (8)     a licensed advanced practice registered nurse   specializing in palliative care certified by the Hospice and   Palliative Credentialing Center or a licensed physician   specializing in palliative care certified by a member board of the   American Board of Medical Specialties, the American Osteopathic   Association, or the Hospice Medical Director Certification Board;                 (9)     a representative from a Texas medical specialty   organization;                 (10)     a licensed attorney with experience in law   pertaining to the practice of medicine and cannabis regulation; and                 (11)     a person who represents medical cannabis patient   interests.           (c)     At least two members of the advisory board must be   affiliated with an institution of higher education or private or   independent institution of higher education involved in relevant   research, such as a medical and dental unit, general academic   teaching institution, or other agency of higher education, as   defined by Section 61.003, Education Code.           (d)     The governor shall select a presiding officer from the   membership of the advisory board.           (e)     The advisory board shall meet at least quarterly at the   call of the presiding officer.           (f)     The advisory board may create and appoint one or more   advisory committees composed of patients, law enforcement   officers, researchers, other medical professionals, and other   persons who are knowledgeable about the medical use of cannabis.           (g)     Members serve without compensation but are entitled to   reimbursement for actual and necessary expenses incurred in   performing official duties.           Sec.   446.053.     DUTIES OF ADVISORY BOARD; REPORT.   (a)   The   advisory board shall assist the department in evaluating proposals   submitted as part of a license application under Section 446.104.           (b)     The advisory board shall conduct a continuing study of   the laws relating to medical cannabis to facilitate statewide   access to safe and effective medical cannabis.           (c)     The advisory board shall prepare a report of the board's   findings and recommendations under Subsection (b) and submit the   report to the legislature not later than September 1 of each   even-numbered year.           (d)     Chapter 2110, Government Code, does not apply to the   advisory board.   SUBCHAPTER C. MEDICAL CANNABIS RESEARCH LICENSE           Sec.   446.101.     ISSUANCE OF LICENSE. The department shall   issue a medical cannabis research license to a person that   authorizes the person to possess, manufacture, cultivate, or   dispense medical cannabis for the limited research purposes   described by Section 446.102.           Sec.   446.102.     PURPOSE OF LICENSE. A medical cannabis   research license may be issued for the following limited research   purposes:                 (1)     conducting objective scientific research into the   safety and efficacy of medical cannabis or other public health   outcomes related to medical cannabis;                 (2)     developing medical guidelines for the appropriate   administration of medical cannabis to assist physicians and   patients in evaluating the risks and benefits of medical cannabis   and to provide a scientific basis for future policies;                 (3)     developing quality control, purity, and labeling   standards for medical cannabis;                 (4)     developing best practices for the safe and   efficient cultivation of medical cannabis;                 (5)     analyzing genetic and healing properties of   different varieties of cannabis;                 (6)     conducting genomic, horticultural, or   agricultural research; and                 (7)     conducting research on cannabis-affiliated   products or systems.           Sec.   446.103.     APPLICATION FOR LICENSE. (a) As part of the   application process for a license, an applicant shall submit to the   department and the advisory board a description of the research   that the applicant intends to conduct. The department shall grant   the license if:                 (1)     the department determines that the application   meets the criteria for the issuance of a license described by   Section 446.102 and Subchapter C, Chapter 487; and                 (2)     the advisory board recommends the application for   approval under Section 446.104(b).           (b)     The department may not grant a license if the advisory   board does not recommend the application for approval.           Sec.   446.104.     REVIEW BY ADVISORY BOARD. (a)   The advisory   board shall review each applicant's research project to assess the   following:                 (1)     the quality, study design, value, and impact of   the project;                 (2)     whether the research supports the purposes   described by Section 446.102;                 (3)     whether the applicant has the appropriate   personnel, expertise, facilities, infrastructure, funding, and   approvals in place to successfully conduct the project; and                 (4)     whether the amount of cannabis to be grown by the   applicant is consistent with the scope and goals of the project.           (b)     If the advisory board determines that the research   project meets the requirements of this subchapter and the applicant   satisfies the criteria described by Subsection (a), the advisory   board may recommend that a license be granted to the applicant for   the project.           Sec.   446.105.     CONTRACTS. A license holder may contract to   perform research in conjunction with another license holder, a   medical school, as defined by Section 61.501, Education Code, a   hospital licensed under Chapter 241, or an institution of higher   education or private or independent institution of higher education   involved in relevant research, such as a general academic teaching   institution, medical and dental unit, or other agency of higher   education, as defined by Section 61.003, Education Code.           Sec.   446.106.     TRANSFER OF CANNABIS TO OTHER LICENSE HOLDER.   Unless otherwise authorized by the department, a license holder may   only transfer, by sale or donation, cannabis grown or processed   within the license holder's operation to another license holder or   program participant as authorized by department rule.           Sec.   446.107.     LIMITATION OF LIABILITY. The growing,   cultivating, possessing, or transferring, by sale or donation, of   cannabis in accordance with this subchapter and the rules adopted   under this subchapter, by a license holder may not be the basis of   criminal or civil liability.           Sec.   446.108.     FEES. The executive commissioner shall set   license and renewal fees in an amount sufficient to administer this   chapter.           Sec.   446.109.     RULES. The executive commissioner shall, in   consultation with the advisory board and the Public Safety   Commission of the Department of Public Safety, adopt rules to   implement this chapter, including:                 (1)  license application requirements;                 (2)     license renewal requirements, including the   consideration or addition of additional research projects by a   license holder;                 (3)  grounds for license revocation;                 (4)   [Text truncated for display. Full text available on LegiScan.]