By: Lucio III H.B. No. 2107       A BILL TO BE ENTITLED   AN ACT   relating to authorizing the possession, use, cultivation,   distribution, transportation, and delivery of medical cannabis for   medical use by qualifying patients with certain debilitating   medical conditions and the licensing of dispensing organizations   and testing facilities; authorizing fees.          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                      (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 person possessing medical cannabis, as defined   by Section 169.001, Occupations Code, who is authorized to possess   medical cannabis [dispensing organization licensed] under Chapter   487 [that possesses low-THC cannabis].          SECTION 2.  Sections 481.111(e) and (f), Health and Safety   Code, are 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   medical [low-THC] cannabis if the person:                (1)  for an offense involving possession only of   marihuana or drug paraphernalia, is a cardholder or nonresident   cardholder authorized under Chapter 487 to possess medical cannabis   for medical use by a qualifying patient [for whom low THC cannabis   is prescribed under Chapter 169, Occupations Code, or the patient's   legal guardian,] and the person possesses no more than the   allowable amount of medical [low-THC] cannabis, as determined under   Section 487.081 [obtained under a valid prescription from a   dispensing organization]; or                (2)  is a director, manager, or employee of a   dispensing organization or cannabis testing facility and the   person, solely in performing the person's regular duties at the   organization or facility, acquires, possesses, produces,   cultivates, dispenses, or disposes of:                      (A)  in reasonable quantities, any medical [low   THC] cannabis or raw materials used in or by-products created by the   production or cultivation of medical [low-THC] cannabis; or                      (B)  any drug paraphernalia used in the   acquisition, possession, production, cultivation, delivery, or   disposal of medical [low THC] cannabis.          (f)  For purposes of Subsection (e):                (1)  "Cannabis testing facility," "cardholder,"   "dispensing organization," and "nonresident cardholder" have the   meanings ["Dispensing organization" has the meaning] assigned by   Section 487.001.                (2)  "Medical cannabis," "medical use," and   "qualifying patient" have the meanings ["Low-THC cannabis" has the   meaning] assigned by Section 169.001, Occupations Code.          SECTION 3.  Section 487.001, Health and Safety Code, is   amended to read as follows:          Sec. 487.001.  DEFINITIONS. In this chapter:                (1)  "Cannabis testing facility" means an independent   entity licensed by the department under this chapter to analyze the   safety and potency of medical cannabis.                (2)  "Cardholder" means a qualifying patient or a   registered caregiver who is issued a registry identification card.                (3)  "Debilitating medical condition," "medical   cannabis," "medical practitioner," "medical use," and "qualifying   patient" have the meanings assigned by Section 169.001, Occupations   Code.                (4)  "Department" means the Department of Public   Safety.                (5) [(2)]  "Director" means the public safety director   of the department.                (6) [(3)]  "Dispensing organization" means an   organization licensed by the department to cultivate, process, and   dispense medical [low-THC] cannabis to a patient for whom medical   use [low-THC cannabis] is recommended [prescribed] under Chapter   169, Occupations Code.                (7)  "Drug paraphernalia" has the meaning assigned by   Section 481.002.                (8)  "Nonresident cardholder" means a person who is not   a resident of this state and who:                      (A)  has been diagnosed with a debilitating   medical condition and issued a currently valid registry   identification card or the equivalent under the laws of another   state, district, territory, commonwealth, insular possession of   the United States, or country recognized by the United States, that   authorizes medical use by the person in the jurisdiction of   issuance; or                      (B)  is the parent, legal guardian, or conservator   of a person described by Paragraph (A).                (9)  "Registered caregiver" means a person who:                      (A)  is at least 21 years of age or a parent, legal   guardian, or conservator of a qualifying patient;                      (B)  has significant responsibility for managing   the medical care of a qualifying patient listed on the   compassionate-use registry; and                      (C)  has been issued a registry identification   card identifying the person as a registered caregiver of a   qualifying patient listed on the compassionate-use registry.                (10)  "Registry identification card" means a document   issued by the department that identifies a person as:                      (A)  a qualifying patient listed on the   compassionate-use registry; or                      (B)  a registered caregiver of a qualifying   patient listed on the compassionate-use registry.                (11)  "Written certification" means a document   produced under Section 169.002, Occupations Code.                [(4) "Low THC cannabis" has the meaning assigned by   Section 169.001, Occupations Code.]          SECTION 4.  Chapter 487, Health and Safety Code, is amended   by adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS          Sec. 487.021.  PROTECTION FROM LEGAL ACTION. (a) This   section applies to a person who is:                (1)  a cardholder;                (2)  a nonresident cardholder;                (3)  a dispensing organization;                (4)  a cannabis testing facility; or                (5)  a director, manager, or employee of a dispensing   organization or of a cannabis testing facility who is registered   with the department under Section 487.053.          (b)  Notwithstanding any other law, a person described by   Subsection (a) is not subject to arrest, prosecution, or penalty in   any manner, or denial of any right or privilege, including any civil   penalty or disciplinary action by a court or occupational or   professional licensing board or bureau, for conduct involving   medical use that is authorized under this chapter, department rule,   or Chapter 169, Occupations Code.          Sec. 487.022.  NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR   ENDANGERMENT. A person described by Section 487.021(a) may not be   presumed to have engaged in conduct constituting child abuse,   neglect, or endangerment solely because the person engaged in   conduct involving medical use that is authorized under this   chapter, department rule, or Chapter 169, Occupations Code.          Sec. 487.023.  NO DENIAL OF PARENTAL RIGHTS. The fact that a   person described by Section 487.021(a) engages in conduct   authorized under this chapter, department rule, or Chapter 169,   Occupations Code, does not in itself constitute grounds for   denying, limiting, or restricting conservatorship or possession of   or access to a child under Title 5, Family Code.          Sec. 487.024.  NO SEIZURE OR FORFEITURE. Property used in   the cultivation, distribution, transportation, and delivery of   medical cannabis for medical use that is authorized under this   chapter, department rule, or Chapter 169, Occupations Code, is not   contraband for purposes of Chapter 59, Code of Criminal Procedure,   and is not subject to seizure or forfeiture under that chapter or   other law solely for the use of the property in those authorized   activities.          Sec. 487.025.  NO PROSECUTION FOR PROVISION OF   PARAPHERNALIA. A person is not subject to arrest, prosecution, or   the imposition of any sentence or penalty for the delivery,   possession with intent to deliver, or manufacture of any item that   meets the definition of drug paraphernalia, if that item is   delivered, possessed with intent to deliver, or manufactured for   the sole purpose of providing that item to a cardholder or   nonresident cardholder for medical use under this chapter,   department rule, or Chapter 169, Occupations Code.          SECTION 5.  Section 487.052, Health and Safety Code, is   amended to read as follows:          Sec. 487.052.  RULES. (a) The director shall adopt any   rules necessary for the administration and enforcement of this   chapter.          (b)  The director shall adopt reasonable [, including] rules   imposing fees under this chapter in amounts sufficient to cover the   cost of administering this chapter. Fees collected under a rule   adopted under this chapter may be used only for the administration   of this chapter.          (c)  The director shall adopt rules in accordance with   Section 487.081 governing the allowable amount of medical cannabis   a cardholder or nonresident cardholder may possess for medical use   by a qualifying patient.          (d)  The director by rule shall adopt labeling requirements   for medical cannabis.          (e)  The director shall adopt rules establishing security   requirements concerning the cultivation of medical cannabis by a   cardholder.          (f)  The director shall adopt reasonable rules governing   access to medical cannabis by nonresident cardholders.          SECTION 6.  The heading to Section 487.053, Health and   Safety Code, is amended to read as follows:          Sec. 487.053.  LICENSING OF DISPENSING ORGANIZATIONS AND   CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED   INDIVIDUALS.          SECTION 7.  Section 487.053(a), Health and Safety Code, is   amended to read as follows:          (a)  The department shall:                (1)  issue or renew a license to operate as:                      (A)  a dispensing organization to each applicant   who satisfies the requirements established under this chapter for   licensure as a dispensing organization; and                      (B)  a cannabis testing facility to each applicant   who satisfies the requirements established under this chapter for   licensure as a cannabis testing facility; and                (2)  register directors, managers, and employees of   each:                      (A)  dispensing organization; and                      (B)  cannabis testing facility.          SECTION 8.  Section 487.054, Health and Safety Code, is   amended to read as follows:          Sec. 487.054.  COMPASSIONATE-USE REGISTRY. (a) The   department shall establish and maintain a secure online   compassionate-use registry that contains:                (1)  the name of each individual who is issued a   registry identification card and each nonresident cardholder who   receives medical cannabis from a dispensing organization;                (2)  the name of each medical practitioner who   recommends medical use to a qualifying patient and [physician who   registers as the prescriber for a patient under Section 169.004,   Occupations Code,] the name and date of birth of that [the]   patient[, the dosage prescribed, the means of administration   ordered, and the total amount of low THC cannabis required to fill   the patient's prescription]; and                (3) [(2)]  a record of each amount of medical [low-THC]   cannabis dispensed by a dispensing organization to a cardholder or   nonresident cardholder [patient under a prescription].          (b)  The department shall ensure the registry:                (1)  is designed to prevent more than one medical   practitioner [qualified physician] from registering as the   recommending medical practitioner [prescriber] for a single   patient; and                (2)  is accessible to law enforcement agencies and   dispensing organizations for the purpose of verifying whether a   person is authorized under this chapter to receive medical cannabis   [patient is one for whom low-THC cannabis is prescribed and whether   the patient's prescriptions have been filled; and                [(3)     allows a physician qualified to prescribe low THC   cannabis under Section 169.002, Occupations Code, to input safety   and efficacy data derived from the treatment of patients for whom   low-THC cannabis is prescribed under Chapter 169, Occupations   Code].          SECTION 9.  Subchapter B, Chapter 487, Health and Safety   Code, is amended by adding Sections 487.055 and 487.056 to read as   follows:          Sec. 487.055.  LICENSING AND REGULATION OF CANNABIS TESTING   FACILITIES. The director shall adopt all rules necessary for:                (1)  the licensing and regulation of cannabis testing   facilities and the directors, managers, and employees of those   facilities;                (2)  the operation of cannabis testing facilities; and                (3)  the testing of the safety and potency of medical   cannabis.          Sec. 487.056.  APPLICATION FOR REGISTRY IDENTIFICATION   CARD. (a) The director by rule shall adopt an application for a   registry identification card:                (1)  for a qualifying patient; and                (2)  for a designated caregiver.          (b)  An applicant for a registry identification card must   submit to the department:                (1)  the application adopted under Subsection (a);                (2)  a written certification that was issued within the   90 days preceding the date of application and that affirms that   medical use is recommended for the qualifying patient;                (3)  the application fee prescribed by department rule;   and                (4)  any other forms developed by the director for   submission with the application.          (c)  The department shall issue a registry identification to   an applicant who is a qualifying patient or the registered   caregiver of a qualifying patient not later than the 25th day after   the date the application is submitted.          SECTION 10.  Chapter 487, Health and Safety Code, is amended   by adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO   MEDICAL CANNABIS          Sec. 487.081.  ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A   cardholder or nonresident cardholder may possess for medical use by   the qualifying patient no more than the allowable amount of medical   cannabis for that qualifying patient, as provided by this section   and department rule.          (b)  The director by rule shall specify the number of   cannabis plants that may be cultivated or possessed for medical use   by a qualifying patient, which may not be fewer than six cannabis   plants. The amount of medical cannabis, edible products that   contain medical cannabis, or products infused with medical cannabis   that are produced from the allowable number of cannabis plants may   be possessed for medical use by a cardholder or nonresident   cardholder on the site where those plants are cultivated,   regardless of whether the amount possessed on that site exceeds the   quantity otherwise provided as the allowable amount of medical   cannabis for the qualifying patient by a rule adopted under this   section.          (c)  The director by rule shall specify the quantity of   medical cannabis other than cannabis plants, edible products that   contain medical cannabis, or products infused with medical   cannabis, that, except as otherwise provided by Subsection (b) or   (e), may be possessed by a cardholder or nonresident cardholder for   medical use by a qualifying patient, which may not be less than 2.5   ounces.          (d)  The director by rule shall specify the quantity of   edible products that contain medical cannabis or products infused   with medical cannabis that, except as otherwise provided by   Subsection (b) or (e), may be possessed by a cardholder or   nonresident cardholder for medical use by a qualifying patient.          (e)  If a medical practitioner recommends in the qualifying   patient's written certification a different amount of medical   cannabis than the amount provided by rule adopted under this   section, the amount recommended by the written certification is the   allowable amount of medical cannabis for that qualifying patient.          Sec. 487.082.  ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY   IDENTIFICATION CARD ISSUED. An applicant for a registry   identification card may receive medical cannabis from a dispensing   organization before the department issues a registry   identification card on providing:                (1)  proof that the application was submitted to the   department and any application fees were paid; and                (2)  a copy of the applicant's written certification.          Sec. 487.083.  ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,   2017. (a) On or before December 1, 2017, notwithstanding a   contrary provision of this chapter, a qualifying patient or a   caregiver with significant responsibility for managing the   well-being of a qualifying patient may obtain medical cannabis from   a dispensing organization on providing:                (1)  for a qualifying patient, a copy of the qualifying   patient's written certification; or                (2)  for a caregiver of the qualifying patient:                      (A)  a copy of the qualifying patient's written   certification; and                      (B)  an affidavit stating:                            (i)  that the caregiver is the qualifying   patient's parent or guardian; or                            (ii)  that the caregiver has significant   responsibility for managing the well-being of the qualifying   patient and that is signed by the qualifying patient or the   qualifying patient's parent or guardian, if the qualifying patient   is a minor.          (b)  This section expires December 1, 2017.          SECTION 11.  Section 487.102, Health and Safety Code, is   amended to read as follows:          Sec. 487.102.  ELIGIBILITY FOR LICENSE. An applicant for a   license to operate as a dispensing organization is eligible for the   license if:                (1)  as determined by the department, the applicant   possesses:                      (A)  the technical and technological ability to   cultivate and produce medical [low THC] cannabis;                      (B)  the ability to secure:                            (i)  the resources and personnel necessary   to operate as a dispensing organization; and                            (ii)  premises reasonably located to allow   patients listed on the compassionate-use registry access to the   organization through existing infrastructure;                      (C)  the ability to maintain accountability for   the raw materials, the finished product, and any by-products used   or produced in the cultivation or production of medical [low-THC]   cannabis to prevent unlawful access to or unlawful diversion or   possession of those materials, products, or by-products; and                      (D)  the financial ability to maintain operations   for not less than two years from the date of application;                (2)  each director, manager, or employee of the   applicant is registered under Subchapter D; and                (3)  the applicant satisfies any additional criteria   determined by the director to be necessary to safely implement this   chapter.          SECTION 12.  Subchapter C, Chapter 487, Health and Safety   Code, is amended by adding Section 487.1025 to read as follows:          Sec. 487.1025.  ANNUAL LICENSE FEE. The director shall   charge an annual license fee set initially by the director in an   amount not to exceed $5,000. The director shall annually adjust for   inflation the annual license fee.          SECTION 13.  Section 487.103, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  The director shall set the application fee charged   under Subsection (a) initially in an amount not to exceed $2,500.   The director shall annually adjust for inflation the application   fee.          SECTION 14.  Section 487.104(a), Health and Safety Code, is   amended to read as follows:          (a)  The department shall issue or renew a license to operate   as a dispensing organization only if:                (1)  the department determines the applicant meets the   eligibility requirements described by Section 487.102; and                (2)  issuance or renewal of the license is necessary to   ensure reasonable statewide access to, and the availability of,   medical [low-THC] cannabis for patients registered in the   compassionate-use registry and for whom medical [low THC] cannabis   is recommended [prescribed] under Chapter 169, Occupations Code.          SECTION 15.  Section 487.107, Health and Safety Code, is   amended to read as follows:          Sec. 487.107.  DUTIES RELATING TO DISPENSING MEDICAL   CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low THC]   cannabis to a person authorized under this chapter to receive   medical [for whom the low-THC] cannabis [is prescribed under   Chapter 169, Occupations Code], the dispensing organization must   verify that [the prescription presented]:                (1)  the person receiving the medical cannabis is [for]   a cardholder [person] listed [as a patient] in the   compassionate-use registry or a nonresident cardholder;                (2)  the medical cannabis, including any edible   products that contain medical cannabis and any products infused   with medical cannabis, has been properly tested and properly   labeled in accordance with standards established by the department   [matches the entry in the compassionate use registry with respect   to the total amount of low-THC cannabis required to fill the   prescription]; and                (3)  the amount of medical cannabis dispensed to the   person would not cause the person to possess more than the allowable   amount of medical cannabis for the qualifying patient, as   determined under Section 487.081 [has not previously been filled by   a dispensing organization as indicated by an entry in the   compassionate use registry].          (b)  After dispensing medical [low THC] cannabis to a   cardholder or nonresident cardholder [patient for whom the low-THC   cannabis is prescribed under Chapter 169, Occupations Code], the   dispensing organization shall record in the compassionate-use   registry the name and address of the individual to whom the medical   cannabis is dispensed, the form and quantity of medical [low-THC]   cannabis dispensed, and the date and time of dispensation.          SECTION 16.  Section 487.108(c), Health and Safety Code, is   amended to read as follows:          (c)  After suspending or revoking a license issued under this   chapter, the director may seize or place under seal all medical   [low-THC] cannabis and drug paraphernalia owned or possessed by the   dispensing organization. If the director orders the revocation of   the license, a disposition may not be made of the seized or sealed   medical [low THC] cannabis or drug paraphernalia until the time for   administrative appeal of the order has elapsed or until all appeals   have been concluded. When a revocation order becomes final, all   medical [low-THC] cannabis and drug paraphernalia may be forfeited   to the state as provided under Subchapter E, Chapter 481.          SECTION 17.  Section 487.151, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  An individual who is a director, manager, or employee   of a cannabis testing facility must apply for and obtain a   registration under this section.          SECTION 18.  Section 487.201, Health and Safety Code, is   amended to read as follows:          Sec. 487.201.  COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT   MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other   political subdivision may not enact, adopt, or enforce a rule,   ordinance, order, resolution, or other regulation that prohibits   the cultivation, production, dispensing, or possession of medical   [low-THC] cannabis, as authorized by this chapter.          SECTION 19.  The heading to Chapter 169, Occupations Code,   is amended to read as follows:   CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW THC]   CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE          SECTION 20.  Sections 169.001, 169.002, and 169.004,   Occupations Code, are amended to read as follows:          Sec. 169.001.  DEFINITIONS. In this chapter:                (1)  "Debilitating medical condition" means:                      (A)  cancer, glaucoma, positive status for human   immunodeficiency virus, acquired immune deficiency syndrome,   hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,   ulcerative colitis, agitation of Alzheimer's disease,   post-traumatic stress disorder, autism, sickle cell anemia, severe   fibromyalgia, spinal cord disease, spinal cord injury, traumatic   brain injury or post-concussion syndrome, chronic traumatic   encephalopathy, Parkinson's disease, muscular dystrophy, or   Huntington's disease;                      (B)  a chronic medical condition that produces, or   the treatment of a chronic medical condition that produces:                            (i)  cachexia or wasting syndrome;                            (ii)  severe pain;                            (iii)  severe nausea;                            (iv)  seizures, including those   characteristic of epilepsy; or                            (v)  severe and persistent muscle spasms,   including those characteristic of multiple sclerosis; or                      (C)  any other medical condition approved as a   debilitating medical condition by department rule or any symptom   caused by the treatment of a medical condition that is approved as a   debilitating medical condition by department rule.                (2)  "Department" means the Department of Public   Safety.                [(2) "Intractable epilepsy" means a seizure disorder in   which the patient's seizures have been treated by two or more   appropriately chosen and maximally titrated antiepileptic drugs   that have failed to control the seizures.]                (3)  "Medical ["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:                      [(A)     not more than 0.5 percent by weight of   tetrahydrocannabinols; and                      [(B)     not less than 10 percent by weight of   cannabidiol].                (4)  "Medical practitioner" means:                      (A)  a licensed physician;                      (B)  an advanced practice registered nurse who has   been delegated prescriptive authority in accordance with   Subchapter B, Chapter 157; or                      (C)  a physician assistant who has been delegated   prescriptive authority in accordance with Subchapter B, Chapter   157.                (5) [(4)]  "Medical use" means the ingestion of medical   [by a means of administration other than by smoking of a prescribed   amount of low-THC] cannabis by a qualifying patient to treat or   alleviate the patient's debilitating medical condition [person for   whom low-THC cannabis is prescribed under this chapter].                (6)  "Qualifying patient" means a person who has been   diagnosed with a debilitating medical condition by a medical   practitioner.                [(5) "Smoking" means burning or igniting a substance   and inhaling the smoke.]          Sec. 169.002.  RECOMMENDATION FOR MEDICAL [PHYSICIAN   QUALIFIED TO PRESCRIBE LOW THC] CANNABIS BY MEDICAL PRACTITIONER.   (a) A medical practitioner may recommend medical cannabis to a   qualifying patient if the medical practitioner attests through   written certification that, in the medical practitioner's   professional opinion:                (1)  the diagnosis of a debilitating medical condition   for the qualifying patient is correct;                (2)  the qualifying patient is likely to receive   therapeutic or palliative benefit from the medical use of medical   cannabis to treat or alleviate the patient's debilitating medical   condition; and                (3)  the potential benefits to the qualifying patient   of medical use outweigh the health risks of medical use.          (b)  The written certification described by Subsection (a)   must:                (1)  be dated and signed by the medical practitioner;                (2)  specify the qualifying patient's debilitating   medical condition; and                (3)  affirm that medical use was recommended in the   course of a bona fide practitioner-patient relationship between the   qualifying patient and the medical practitioner [Only a physician   qualified as provided by this section may prescribe low THC   cannabis in accordance with this chapter.          [(b)     A physician is qualified to prescribe low-THC cannabis   to a patient with intractable epilepsy if the physician:                [(1)  is licensed under this subtitle;                [(2)     dedicates a significant portion of clinical   practice to the evaluation and treatment of epilepsy; and                [(3)  is certified:                      [(A) by the American Board of Psychiatry and   Neurology in:                            [(i)  epilepsy; or                            [(ii)     neurology or neurology with special   qualification in child neurology and is otherwise qualified for the   examination for certification in epilepsy; or                      [(B) in neurophysiology by:                            [(i)     the American Board of Psychiatry and   Neurology; or                            [(ii)     the American Board of Clinical   Neurophysiology].          Sec. 169.004.  [LOW THC CANNABIS PRESCRIBER] REGISTRATION OF   RECOMMENDING MEDICAL PRACTITIONERS. Before a medical practitioner   [physician qualified to prescribe low-THC cannabis under Section   169.002] may recommend medical use [prescribe or renew a   prescription for low-THC cannabis] for a qualifying patient under   this chapter, the practitioner [physician] must register as the   recommending medical practitioner [prescriber] for that patient in   the compassionate-use registry maintained by the department under   Section 487.054, Health and Safety Code. The medical practitioner's   [physician's] registration must indicate:                (1)  the medical practitioner's [physician's] name; and                (2)  the qualifying patient's name and date of birth[;                [(3)  the dosage prescribed to the patient;                [(4)     the means of administration ordered for the   patient; and                [(5)     the total amount of low THC cannabis required to   fill the patient's prescription].          SECTION 21.  Section 551.004, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  This subtitle does not apply to:                (1)  a practitioner licensed by the appropriate state   board who supplies a patient of the practitioner with a drug in a   manner authorized by state or federal law and who does not operate a   pharmacy for the retailing of prescription drugs;                (2)  a member of the faculty of a college of pharmacy   recognized by the board who is a pharmacist and who performs the   pharmacist's services only for the benefit of the college;                (3)  a person who procures prescription drugs for   lawful research, teaching, or testing and not for resale;                (4)  a home and community support services agency that   possesses a dangerous drug as authorized by Section 142.0061,   142.0062, or 142.0063, Health and Safety Code; or                (5)  a dispensing organization[, as defined by Section   487.001, Health and Safety Code,] that cultivates, processes, and   dispenses medical [low THC] cannabis, as authorized by Chapter 487,   Health and Safety Code, to a cardholder or nonresident cardholder   [patient listed in the compassionate-use registry established   under that chapter].          (a-1)  For purposes of Subsection (a)(5), "cardholder,"   "dispensing organization," and "nonresident cardholder" have the   meanings assigned by Section 487.001, Health and Safety Code.          SECTION 22.  Sections 169.003 and 169.005, Occupations Code,   are repealed.          SECTION 23.  Not later than October 1, 2017, the public   safety director of the Department of Public Safety shall adopt   rules as required to implement, administer, and enforce Chapter   487, Health and Safety Code, as amended by this Act, including rules   relating to adopting an application for a registry identification   card, as required by Section 487.056, Health and Safety Code, as   added by this Act.          SECTION 24.  (a) A license to operate as a dispensing   organization issued under Chapter 487, Health and Safety Code,   before the effective date of this Act continues to be valid after   the effective date of this Act until that license expires.          (b)  The registration of a director, manager, or employee of   a dispensing organization under Subchapter D, Chapter 487, Health   and Safety Code, continues to be valid after the effective date of   this Act until that registration expires.          (c)  As soon as practicable after the effective date of this   Act, the Department of Public Safety shall issue compassionate-use   registry cards to all individuals listed on that registry on the   effective date of this Act.          SECTION 25.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2017.