Bill Text: TX HB1491 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 1491 (Prior Session Legislation)

Introduced

Bill Title: Relating to the medical use of marihuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-02 - Referred to Public Health [HB1491 Detail]

Download: Texas-2011-HB1491-Introduced.html

	82R1263 GCB-D

	By: Naishtat	H.B. No. 1491



	A BILL TO BE ENTITLED
	AN ACT
	relating to the medical use of marihuana.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 481.121, Health and Safety Code, is
	amended by adding Subsections (c) and (d) to read as follows:
	(c) It is an affirmative defense to prosecution under
	Subsection (a) that the person possessed the marihuana as a patient
	of a physician licensed to practice medicine in this state pursuant
	to the recommendation of that physician for the amelioration of the
	symptoms or effects of a bona fide medical condition.
	(d) An agency, including a law enforcement agency, of this
	state or a political subdivision of this state may not initiate an
	administrative, civil, or criminal investigation into a physician
	licensed to practice medicine in this state on the ground that the
	physician discussed marihuana as a treatment option with a patient
	of the physician or made a written or oral statement that, in the
	physician's opinion, the potential benefits of marihuana would
	likely outweigh the health risks for a particular patient.
	SECTION 2. Subchapter B, Chapter 164, Occupations Code, is
	amended by adding Section 164.0525 to read as follows:
	Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
	not be denied any right or privilege or be subject to any
	disciplinary action solely for making a written or oral statement
	that, in the physician's professional opinion, the potential
	benefits of marihuana would likely outweigh the health risks for a
	particular patient.
	SECTION 3. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	covered by the law in effect when the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense was committed before the effective date of
	this Act if any element of the offense was committed before that
	date.
	SECTION 4. This Act takes effect September 1, 2011.