87R7180 JSC-D     By: Pacheco H.B. No. 1982       A BILL TO BE ENTITLED   AN ACT   relating to the prescription and dispensing of medical cannabis;   requiring an occupational license; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.111, Health and Safety Code, is   amended by adding Subsections (g) and (h) to read as follows:          (g)  Sections 481.113, 481.116, 481.120, 481.121, and   481.122 do not apply to a person who:                (1)  is a pharmacist licensed under Subtitle J, Title   3, Occupations Code, and dispenses medical cannabis at a pharmacy   licensed under Chapter 560, Occupations Code, under a valid   prescription;                (2)  receives medical cannabis dispensed by a   pharmacist described by Subdivision (1) under a valid prescription;   or                (3)  is licensed by the board under Subchapter J to   cultivate, produce, manufacture, or distribute medical cannabis.          (h)  For purposes of Subsection (g), "medical cannabis" has   the meaning assigned by Section 481.401.          SECTION 2.  Chapter 481, Health and Safety Code, is amended   by adding Subchapter J to read as follows:   SUBCHAPTER J. MEDICAL CANNABIS PRESCRIPTIONS          Sec. 481.401.  DEFINITIONS. In this subchapter:                (1)  "Edible cannabis products" means medical cannabis   products that:                      (A)  contain medical cannabis and other   ingredients; and                      (B)  are intended and safe for human consumption.                (2)  "Medical 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. The   term includes medical cannabis concentrate and medical cannabis   products.                (3)  "Medical 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)  "Medical cannabis product" means a product that is   intended for medical use and that is infused with or contains any   part of the plant Cannabis sativa L. or a compound, manufacture,   salt, derivative, mixture, preparation, or oil of that plant. The   term includes edible cannabis products and other products that   contain medical cannabis.          Sec. 481.402.  NONAPPLICABILITY. This subchapter does not   apply to:                (1)  low-THC cannabis, as defined by Section 169.001,   Occupations Code;                (2)  hemp, as defined by Section 121.001, Agriculture   Code; or                (3)  consumable hemp products, as defined by Section   443.001, Health and Safety Code.          Sec. 481.403.  DISPENSING MEDICAL CANNABIS. Medical   cannabis may be dispensed to a patient only by a pharmacist licensed   under Subtitle J, Title 3, Occupations Code, at a pharmacy licensed   under Chapter 560, Occupations Code, under a valid prescription.          Sec. 481.404.  LICENSE. A person may not cultivate,   produce, manufacture, or distribute medical cannabis without a   license issued by the board.          Sec. 481.405.  RULES. The board may adopt rules to implement   this subchapter, including fees for the issuance and renewal of a   license issued under Section 481.404.          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   governed by the law in effect on the date 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 occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2021.