Bill Text: TX HB122 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the medical use of marihuana; providing an affirmative defense to prosecution for possession of marihuana.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2019-04-11 - Left pending in subcommittee [HB122 Detail]
Download: Texas-2019-HB122-Introduced.html
86R1892 GCB-D | ||
By: Hinojosa | H.B. No. 122 |
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relating to the medical use of marihuana; providing an affirmative | ||
defense to prosecution for possession of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.121, Health and Safety Code, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (a) that the person possessed the marihuana: | ||
(1) as a patient of a physician licensed to practice | ||
medicine in this state pursuant to the recommendation of that | ||
physician for the amelioration of the symptoms or effects of a | ||
medical condition; or | ||
(2) as the primary caregiver of a patient described by | ||
Subdivision (1), and the person possessed the marihuana only with | ||
intent to assist the patient. | ||
(d) An agency, including a law enforcement agency, of this | ||
state or a political subdivision of this state may not initiate an | ||
administrative, civil, or criminal investigation into a physician | ||
licensed to practice medicine in this state solely on the ground | ||
that the physician: | ||
(1) discussed marihuana as a treatment option with a | ||
patient of the physician; or | ||
(2) made a written or oral statement that, in the | ||
physician's professional opinion, the potential benefits of the use | ||
of marihuana would likely outweigh the health risks for a | ||
particular patient. | ||
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is | ||
amended by adding Section 164.0535 to read as follows: | ||
Sec. 164.0535. MEDICAL USE OF MARIHUANA. A physician may | ||
not be denied any right or privilege or be subject to any | ||
disciplinary action solely for making a written or oral statement | ||
that, in the physician's professional opinion, the potential | ||
benefits of the use of marihuana would likely outweigh the health | ||
risks for a particular patient. | ||
SECTION 3. The change in law made by this Act 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 4. This Act takes effect September 1, 2019. |