Bill Text: TX HB1805 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the medical use of low-THC cannabis by patients with certain medical conditions.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-03 - Referred to Water, Agriculture, & Rural Affairs [HB1805 Detail]

Download: Texas-2023-HB1805-Engrossed.html

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88R19088 CJD-D
By: Klick, Oliverson, Howard, Jetton, Lalani, H.B. No. 1805
et al.

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 10 milligrams [one percent by weight] of
tetrahydrocannabinols in each dosage unit.
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.