89R8315 RDR-D     By: Johnson S.B. No. 928       A BILL TO BE ENTITLED   AN ACT   relating to the delivery, possession, and medical use of low-THC   cannabis and associated drug paraphernalia under the Texas   Compassionate Use Program.          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.  Section 481.111(e), Health and Safety Code, is   amended to read as follows:          (e)  Sections 481.120, 481.121, 481.122, and 481.125 do not   apply to a person who engages in the acquisition, possession,   production, cultivation, delivery, or disposal of a raw material   used in or by-product created by the production or cultivation of   low-THC cannabis if the person:                (1)  for an offense involving possession only of   marihuana or drug paraphernalia, is a patient for whom low-THC   cannabis is prescribed under Chapter 169, Occupations Code, or the   patient's parent or legal guardian, and the person possesses   low-THC cannabis obtained under a valid prescription from a   dispensing organization or drug paraphernalia associated with   administering the low-THC cannabis;                (2)  for an offense involving delivery only of   marihuana or drug paraphernalia, is the parent or legal guardian of   a patient for whom low-THC cannabis is prescribed under Chapter   169, Occupations Code, and the person delivers to the patient   low-THC cannabis obtained under a valid prescription from a   dispensing organization or drug paraphernalia associated with   administering the low-THC cannabis; or                (3) [(2)]  is a director, manager, or employee of a   dispensing organization and the person, solely in performing the   person's regular duties at the organization, acquires, possesses,   produces, cultivates, dispenses, or disposes of:                      (A)  in reasonable quantities, any low-THC   cannabis or raw materials used in or by-products created by the   production or cultivation of low-THC cannabis; or                      (B)  any drug paraphernalia used in the   acquisition, possession, production, cultivation, delivery, or   disposal of low-THC cannabis.          SECTION 4.  The change in law made by this Act to Section   481.111, Health and Safety Code, 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 5.  This Act takes effect September 1, 2025.