By: Larson H.B. No. 3137       A BILL TO BE ENTITLED   AN ACT   relating to a medical cannabis research program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.062(a), Health and Safety Code, is   amended to read as follows:          (a)  The following persons may possess a controlled   substance under this chapter without registering with the Federal   Drug Enforcement Administration:                (1)  an agent or employee of a manufacturer,   distributor, analyzer, or dispenser of the controlled substance who   is registered with the Federal Drug Enforcement Administration and   acting in the usual course of business or employment;                (2)  a common or contract carrier, a warehouseman, or   an employee of a carrier or warehouseman whose possession of the   controlled substance is in the usual course of business or   employment;                (3)  an ultimate user or a person in possession of the   controlled substance under a lawful order of a practitioner or in   lawful possession of the controlled substance if it is listed in   Schedule V;                (4)  an officer or employee of this state, another   state, a political subdivision of this state or another state, or   the United States who is lawfully engaged in the enforcement of a   law relating to a controlled substance or drug or to a customs law   and authorized to possess the controlled substance in the discharge   of the person's official duties;                (5)  if the substance is tetrahydrocannabinol or one of   its derivatives:                      (A)  a Department of State Health Services   official, a medical school researcher, or a research program   participant possessing the substance as authorized under   Subchapter G or G-1, including all persons permitted or otherwise   authorized to possess cannabis under Subchapter G-1; or                      (B)  a practitioner or an ultimate user possessing   the substance as a participant in a federally approved therapeutic   research program that the commissioner has reviewed and found, in   writing, to contain a medically responsible research protocol; or                (6)  a dispensing organization licensed under Chapter   487 that possesses low-THC cannabis.          SECTION 2.  Chapter 481, Health and Safety Code, is amended   by adding Subchapter G-1 to read as follows:   SUBCHAPTER G-1. MEDICAL CANNABIS RESEARCH PROGRAM          Sec. 481.251.  DEFINITION. In this subchapter, "commission"   means the Health and Human Services Commission.          Sec. 481.252.  MEDICAL CANNABIS RESEARCH PROGRAM. (a) Not   later than January 31, 2022, the executive commissioner by rule   shall establish a medical cannabis research program to be conducted   by health-related institutions of higher education in this state.          (b)  In adopting rules under this section, the executive   commissioner may provide:                (1)  procedures for a health-related institution of   higher education in this state to apply to the commission for a   permit to conduct medical cannabis research under the program   established by this subchapter; and                (2)  criteria for granting a permit to a health-related   institution of higher education to conduct medical cannabis   research.          Sec. 481.253.  INSTITUTIONAL REVIEW BOARD. (a) Before   applying for a permit under this subchapter, a health-related   institution of higher education shall establish an institutional   review board to review or approve the initiation of and conduct   periodic review of research programs to ensure the legal protection   of the rights and welfare of human research subjects.          (b)  The institution may designate an existing board,   committee, or other group as the institutional review board   required under this section.          Sec. 481.254.  COMPASSIONATE-USE RESEARCH. (a) A   health-related institution of higher education may apply for a   permit to research:                (1)  the efficacy of medical cannabis product   formulations and product forms;                (2)  medical conditions that might benefit from   treatment with medical cannabis and are approved by the   health-related institution's institutional review board, including   those not listed in Section 169.003, Occupations Code; and                (3)  any other research matter approved by the   institution's institutional review board.          (b)  In applying for a permit, the health-related   institution of higher education shall disclose any private sector   organization contractors under Section 481.255 and shall disclose   additional contractors as additional contractors are formed.          Sec. 481.255.  CONTRACTORS. (a) A health-related   institution of higher education granted a permit under this   subchapter shall be authorized to contract with one or more private   sector organizations to fulfill the terms of the permit, including   contracting for the production and distribution of medical   cannabis.          (b)  A private sector organization is eligible to contract   with a health-related institution of higher education under this   subchapter if the organization:                (1)  meets all requirements for a dispensing   organization under Chapter 487, except that the participant is not   required to pay a licensing or application fee;                (2)  demonstrates capability to provide funding to   support medical cannabis research activities at a health-related   institution of higher education;                (3)  demonstrates capability to establish and operate a   production and distribution system sufficient to support research   program needs; and                (4)  is not a dispensing organization licensed under   Chapter 487, owned or controlled by any direct or indirect owner of   a licensed dispensing organization, or otherwise affiliated with a   licensed dispensing organization.          (c)  The commission shall approve contractors between   health-related institutions of higher education and private sector   organizations authorized under this subchapter.          Sec. 481.256.  PATIENT TREATMENT. (a) Patient treatment   provided as part of an approved research program under this   subchapter may be administered only by a medical practitioner   meeting standards approved by the institution's institutional   review board.          (b)  A patient participating in a research program under this   subchapter must be a permanent resident of this state.          Sec. 481.257.  INFORMED CONSENT. (a) Before receiving   treatment under an approved research program, each patient must   sign a written informed consent form.          (b)  If a patient is a minor or lacks the mental capacity to   provide informed consent, a parent, guardian, or conservator may   provide informed consent on the patient's behalf.          (c)  The executive commissioner shall adopt a form to be used   for the informed consent required by this section.          Sec. 481.258.  LICENSURE AS DISPENSING ORGANIZATION. A   private sector organization contracting with a health-related   institution of higher education under this subchapter shall be   eligible for licensure as a dispensing organization under Chapter   487, or any other law that authorizes cultivating, processing, and   dispensing cannabis, on or after the second anniversary of the date   the organization entered into a contract with a health-related   institution of higher education related to a research program   authorized under this subchapter, provided that the organization's   operations comply with applicable state law.          SECTION 3.  This Act takes effect September 1, 2021.