SB170 - Relating to authorizing the possession, use, cultivation, distribution, delivery, sale, and research of medical cannabis for medical use by patients with certain medical conditions and the licensing of medical cannabis organizations; authorizing fees.

  89R3209 LHC-F     By: Menéndez S.B. No. 170       A BILL TO BE ENTITLED   AN ACT   relating to authorizing the possession, use, cultivation,   distribution, delivery, sale, and research of medical cannabis for   medical use by patients with certain medical conditions and the   licensing of medical cannabis organizations; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. FINDINGS AND PURPOSE          SECTION 1.01.  LEGISLATIVE FINDINGS; PURPOSE. The   legislature finds that:                (1)  scientific evidence suggests that medical   cannabis is one potential therapy that may mitigate suffering,   enhance quality of life, and offer potential treatment of certain   medical conditions;                (2)  Texas patients should have reasonable statewide   access to medical cannabis subject to safeguards for public health   and safety;                (3)  a seriously ill patient who engages in medical use   of cannabis on a treating practitioner's advice should not be   arrested, incarcerated, or otherwise punished for violation of drug   laws;                (4)  where patients are suffering from certain medical   conditions, they and their physicians should have a right to try   medical cannabis as an alternative medicine through a safe and   regulated program; and                (5)  Texas has a wealth of esteemed research   institutions from medical to agricultural that can greatly   contribute to the advancement of research on the safe cultivation,   manufacturing, and use of medical cannabis.   ARTICLE 2. MEDICAL CANNABIS RESEARCH PROGRAM          SECTION 2.01.  Subtitle A, Title 6, Health and Safety Code,   is amended by adding Chapter 446 to read as follows:   CHAPTER 446. MEDICAL CANNABIS RESEARCH PROGRAM   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   446.001.     SHORT TITLE. This chapter may be cited as the   Medical Cannabis Research Act.           Sec. 446.002.  DEFINITIONS. In this chapter:                 (1)     "Advisory board" means the medical cannabis   research advisory board established under this chapter.                 (2)     "License" means a medical cannabis research   license issued by the department under Subchapter C.                 (3)     "License holder" means a person who holds a   medical cannabis research license.                 (4)     "Medical cannabis" has the meaning assigned by   Section 169.001, Occupations Code.   SUBCHAPTER B. MEDICAL CANNABIS RESEARCH ADVISORY BOARD           Sec.   446.051.     ESTABLISHMENT OF ADVISORY BOARD. (a)   A   medical cannabis research advisory board is established to perform   functions and duties under this chapter.           (b)     The executive commissioner shall assist the advisory   board as provided by this chapter.           Sec.   446.052.     MEMBERSHIP. (a) The advisory board members   are appointed by the governor and serve staggered six-year terms,   with the terms of one-third of the members, or as near to one-third   as possible, expiring on August 31 of each odd-numbered year.           (b)     The advisory board shall be composed of the following 11   members:                 (1)     a licensed physician certified by the American   Board of Internal Medicine and certified in the subspecialty of   medical oncology;                 (2)     a licensed physician certified by the American   Board of Surgery;                 (3)     a licensed physician certified by the American   Board of Psychiatry and Neurology;                 (4)     a licensed physician certified by the American   Board of Family Medicine;                 (5)     a licensed physician certified in neurology with a   special qualification in child neurology;                 (6)     a licensed physician specializing in pain   management certified by the American Board of Anesthesiology, the   American Board of Psychiatry and Neurology, or the American Board   of Physical Medicine and Rehabilitation;                 (7)  a licensed pharmacist;                 (8)     a licensed advanced practice registered nurse   specializing in palliative care certified by the Hospice and   Palliative Credentialing Center or a licensed physician   specializing in palliative care certified by a member board of the   American Board of Medical Specialties, the American Osteopathic   Association, or the Hospice Medical Director Certification Board;                 (9)     a representative from a Texas medical specialty   organization;                 (10)     a licensed attorney with experience in law   pertaining to the practice of medicine and cannabis regulation; and                 (11)     a person who represents medical cannabis patient   interests.           (c)     At least two members of the advisory board must be   affiliated with an institution of higher education or private or   independent institution of higher education involved in relevant   research, such as a medical and dental unit, general academic   teaching institution, or other agency of higher education, as   defined by Section 61.003, Education Code.           (d)     The governor shall select a presiding officer from the   membership of the advisory board.           (e)     The advisory board shall meet at least quarterly at the   call of the presiding officer.           (f)     The advisory board may create and appoint one or more   advisory committees composed of patients, law enforcement   officers, researchers, other medical professionals, and other   persons who are knowledgeable about the medical use of cannabis.           (g)     Members serve without compensation but are entitled to   reimbursement for actual and necessary expenses incurred in   performing official duties.           Sec.   446.053.     DUTIES OF ADVISORY BOARD; REPORT.   (a)   The   advisory board shall assist the department in evaluating proposals   submitted as part of a license application under Section 446.104.           (b)     The advisory board shall conduct a continuing study of   the laws relating to medical cannabis to facilitate statewide   access to safe and effective medical cannabis.           (c)     The advisory board shall prepare a report of the board's   findings and recommendations under Subsection (b) and submit the   report to the legislature not later than September 1 of each   even-numbered year.           (d)     The advisory board shall consult with the public safety   director of the Department of Public Safety under Section   487.0521(b) on rules monitoring the safety and efficacy of medical   cannabis or medical cannabis products.           (e)     Chapter 2110, Government Code, does not apply to the   advisory board.   SUBCHAPTER C. MEDICAL CANNABIS RESEARCH LICENSE           Sec.   446.101.     ISSUANCE OF LICENSE. The department shall   issue a medical cannabis research license to a person that   authorizes the person to possess, manufacture, cultivate, or   dispense medical cannabis for the limited research purposes   described by Section 446.102.           Sec.   446.102.     PURPOSE OF LICENSE. A medical cannabis   research license may be issued for the following limited research   purposes:                 (1)     conducting objective scientific research into the   safety and efficacy of medical cannabis or other public health   outcomes related to medical cannabis;                 (2)     developing medical guidelines for the appropriate   administration of medical cannabis to assist physicians and   patients in evaluating the risks and benefits of medical cannabis   and to provide a scientific basis for future policies;                 (3)     developing quality control, purity, and labeling   standards for medical cannabis;                 (4)     developing best practices for the safe and   efficient cultivation of medical cannabis;                 (5)     analyzing genetic and healing properties of   different varieties of cannabis;                 (6)     conducting genomic, horticultural, or   agricultural research; and                 (7)     conducting research on cannabis-affiliated   products or systems.           Sec.   446.103.     APPLICATION FOR LICENSE. (a) As part of the   application process for a license, an applicant shall submit to the   department and the advisory board a description of the research   that the applicant intends to conduct. The department shall grant   the license if:                 (1)     the department determines that the application   meets the criteria for the issuance of a license described by   Section 446.102 and Subchapter C, Chapter 487; and                 (2)     the advisory board recommends the application for   approval under Section 446.104(b).           (b)     The department may not grant a license if the advisory   board does not recommend the application for approval.           Sec.   446.104.     REVIEW BY ADVISORY BOARD. (a)   The advisory   board shall review each applicant's research project to assess the   following:                 (1)     the quality, study design, value, and impact of   the project;                 (2)     whether the research supports the purposes   described by Section 446.102;                 (3)     whether the applicant has the appropriate   personnel, expertise, facilities, infrastructure, funding, and   approvals in place to successfully conduct the project; and                 (4)     whether the amount of cannabis to be grown by the   applicant is consistent with the scope and goals of the project.           (b)     If the advisory board determines that the research   project meets the requirements of this subchapter and the applicant   satisfies the criteria described by Subsection (a), the advisory   board may recommend that a license be granted to the applicant for   the project.           Sec.   446.105.     CONTRACTS. A license holder may contract to   perform research in conjunction with another license holder, a   medical school, as defined by Section 61.501, Education Code, a   hospital licensed under Chapter 241, or an institution of higher   education or private or independent institution of higher education   involved in relevant research, such as a general academic teaching   institution, medical and dental unit, or other agency of higher   education, as defined [Text truncated for display. Full text available on LegiScan.]