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