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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical use of low-THC cannabis by patients with |
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certain medical conditions. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  Section 169.001(3), Occupations Code, is amended |
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to read as follows: |
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             (3)  "Low-THC cannabis" means the plant Cannabis sativa |
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L., and any part of that plant or any compound, manufacture, salt, |
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derivative, mixture, preparation, resin, or oil of that plant that |
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contains not more than five [one] percent by weight of |
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tetrahydrocannabinols. |
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       SECTION 2.  Section 169.003, Occupations Code, is amended to |
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read as follows: |
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       Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS. (a) A |
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physician described by Section 169.002 may prescribe low-THC |
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cannabis to a patient if: |
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             (1)  the patient is a permanent resident of the state; |
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             (2)  the physician complies with the registration |
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requirements of Section 169.004; and |
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             (3)  the physician certifies to the department that: |
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                   (A)  the patient is diagnosed with: |
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                         (i)  epilepsy; |
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                         (ii)  a seizure disorder; |
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                         (iii)  multiple sclerosis; |
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                         (iv)  spasticity; |
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                         (v)  amyotrophic lateral sclerosis; |
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                         (vi)  autism; |
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                         (vii)  cancer; |
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                         (viii)  an incurable neurodegenerative |
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disease; |
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                         (ix)  post-traumatic stress disorder; [or] |
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                         (x)  a medical condition that is approved |
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for a research program under Subchapter F, Chapter 487, Health and |
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Safety Code, and for which the patient is receiving treatment under |
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that program; or |
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                         (xi)  a debilitating medical condition |
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designated by the Department of State Health Services under |
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Subsection (b); and |
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                   (B)  the physician determines the risk of the |
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medical use of low-THC cannabis by the patient is reasonable in |
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light of the potential benefit for the patient. |
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       (b)  The Department of State Health Services by rule may |
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designate debilitating medical conditions for which a physician may |
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prescribe low-THC cannabis under this section. |
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       SECTION 3.  This Act takes effect September 1, 2023. |
Introduced: Occupations Code 169.001, Occupations Code 169.003 (Occupations Code 169)