87(R) SB 90 - Introduced version - Bill Text

	87R2233 JSC-F
	By:  Men  ndez	S.B.  No.  90

	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 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)  [(2)]    "Director" means the public safety director
	of the department.
	(6)  [(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.
	(7)    "Drug paraphernalia" has the meaning assigned by
	Section 481.002.
	(8)    "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).
	(9)    "Registered caregiver" means a person who:
	(A)    is at least 21 years of age or a parent, legal
	guardian, or conservator of a qualifying patient;
	(B)    has significant responsibility for managing
	the medical care of a qualifying patient listed on the
	compassionate-use registry; and
	(C)    has been issued a registry identification
	card identifying the person as a registered caregiver of a
	qualifying patient listed on the compassionate-use registry.
	(10)    "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.
	(11)    "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