89R530 LHC-D
 
  By: Gonz lez of Dallas H.B. No. 1208
 
 
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 local regulation of cannabis establishments;
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:
       SECTION 1.  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 departme

Statutes affected:
Introduced: Agriculture Code 122.103, Government Code 411.093, Health and Safety Code 443.202, Health and Safety Code 443.2025, Health and Safety Code 481.062, Health and Safety Code 481.111, Occupations Code 551.004, Tax Code 151.313, Tax Code 491.0001, Tax Code 151.316, Subtitle E, Title , Tax Code 491.0001 (Government Code 411, Health and Safety Code 481, Tax Code 151, Agriculture Code 122, Occupations Code 551, Health and Safety Code 443, Subtitle E, Title , Tax Code 491, Tax Code 491)