SB 928
AN ACT relating to the delivery, possession, and medical use of low-THC
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the delivery, possession, and medical use of low-THC
Subject Areas
Bill Text
relating to the delivery, possession, and medical use of low-THC cannabis and associated drug paraphernalia under the Texas BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 169.001(3), Occupations Code, is amended (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 Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A physician described by Section 169.002 may prescribe low-THC (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: (v) amyotrophic lateral sclerosis; (viii) an incurable neurodegenerative (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 (xii) a debilitating medical condition designated by the Department of State Health Services under (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 (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 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.
Bill History
Bill filed: AN ACT relating to the delivery, possession, and medical use of low-THC
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