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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and duties of the Texas Medical |
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Cannabis Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter Q to read as follows: |
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SUBCHAPTER Q. TEXAS MEDICAL CANNABIS COUNCIL |
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Sec. 411.461. DEFINITIONS. In this subchapter: |
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(1) "Advisory committee" means the Medical Cannabis |
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Regulation Advisory Committee. |
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(2) "Council" means the Texas Medical Cannabis |
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Council. |
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(3) "Dispensing organization" and "low-THC cannabis" |
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have the meanings assigned by Section 487.001, Health and Safety |
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Code. |
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(4) "Medical cannabis" means the plant Cannabis sativa |
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L., and any part of that plant or any compound, manufacture, salt, |
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derivative, mixture, preparation, resin, or oil of that plant, that |
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is used for medical purposes. |
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Sec. 411.462. RULES. The director shall adopt any rules |
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necessary to implement this subchapter. |
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Sec. 411.463. TEXAS MEDICAL CANNABIS COUNCIL; PURPOSES. |
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The Texas Medical Cannabis Council is established to: |
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(1) create and expedite innovation in the area of |
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cannabis research; |
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(2) enhance the potential for medical or scientific |
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breakthroughs in cannabis medicine and the safe, secure cultivation |
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of cannabis; |
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(3) attract, create, or expand research capabilities |
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of public or private institutions of higher education and other |
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public or private entities to promote a substantial increase in |
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cannabis research and the creation of high-quality new jobs in this |
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state; |
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(4) conduct a continuing study of the laws relating to |
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cannabis and report the council's findings and recommendations on |
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an annual basis; and |
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(5) facilitate statewide access to safe and effective |
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medical cannabis for residents of this state. |
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Sec. 411.464. ADMINISTRATIVE ATTACHMENT. (a) The council |
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is administratively attached to the department. |
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(b) The council shall work with the department to transition |
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to a stand-alone council. |
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Sec. 411.465. COUNCIL MEMBERSHIP. The department, the |
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Department of State Health Services, the comptroller of public |
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accounts, the Department of Agriculture, the Texas Medical Board, |
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the Texas Board of Nursing, the Texas State Board of Pharmacy, the |
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State Board of Veterinary Medical Examiners, and the Texas |
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Department of Licensing and Regulation shall each appoint a member |
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to the council. |
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Sec. 411.466. EXECUTIVE DIRECTOR. (a) The council shall |
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hire an executive director. The executive director shall perform |
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the duties required by this subchapter or designated by the |
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council. |
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(b) The executive director must have a demonstrated ability |
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to lead and develop academic, commercial, and governmental |
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partnerships and coalitions. |
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Sec. 411.467. OFFICERS. (a) The executive director shall |
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hire a chief science officer, a chief medical officer, and a chief |
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compliance officer. |
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(b) The chief science officer and chief medical officer |
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shall report directly to the executive director and assist the |
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executive director in outreach to further cannabis research and |
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safe, effective use of cannabis for medical purposes. |
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(c) The chief compliance officer shall monitor and report to |
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the council, the legislature, and law enforcement regarding |
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compliance with this subchapter and rules adopted under this |
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subchapter. |
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Sec. 411.468. FUNDING; GRANTS. (a) The council may accept |
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donations for research under this subchapter. |
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(b) The council may provide grants for: |
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(1) research into the use of medical cannabis and |
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health outcomes; and |
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(2) scientific public education and outreach to |
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educate youth on the risks of using cannabis for nonmedical |
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purposes and without the supervision of a health care provider. |
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Sec. 411.469. ANNUAL PUBLIC REPORT; INTERNET POSTING. Not |
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later than January 31 of each year, the council shall submit to the |
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lieutenant governor, the speaker of the house of representatives, |
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the governor, and the standing advisory committee of each house of |
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the legislature with primary jurisdiction over council matters and |
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post on the council's Internet website a report outlining the |
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council's activities, research accomplishments, and future program |
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directions. The report must include: |
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(1) the number, type, recipient, and location of |
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licenses awarded for dispensing organizations for low-THC |
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cannabis; |
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(2) the amount of fees collected and the licenses on |
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which the fees were assessed; |
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(3) the amount of low-THC cannabis provided in |
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accordance with Chapter 487, Health and Safety Code, and the prices |
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charged for that cannabis; |
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(4) the number and dollar amounts of any research and |
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facilities grants provided by the council; |
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(5) an assessment of the availability of funding for |
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cannabis research; |
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(6) a summary of findings of research funded by the |
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council, including promising new research areas; |
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(7) the council's administrative expenses; |
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(8) the use of any other funding mechanism; |
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(9) any anticipated savings in drug costs to the |
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state's health care costs that would result from the provision of |
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medical cannabis; |
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(10) a statement of the council's compliance program |
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activities, including any proposed legislation or other |
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recommendations identified through the activities; and |
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(11) for the previous calendar year, a list of any |
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conflicts of interest under this subchapter or rules adopted under |
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this subchapter or any other ethical issue identified by the |
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council or the chief compliance officer. |
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Sec. 411.470. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY |
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COMPTROLLER. (a) The council shall annually commission an |
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independent financial audit of the council's activities from a |
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certified public accounting firm. |
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(b) The council shall provide the audit to the comptroller. |
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The comptroller shall review and evaluate the audit and annually |
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issue a public report of that review. |
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(c) The comptroller shall make recommendations concerning |
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the council's financial practices and performance. |
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Sec. 411.471. CANNABIS MEDICAL REGULATION ADVISORY |
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COMMITTEE; MEMBERSHIP. (a) The Cannabis Medical Regulation |
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Advisory Committee consists of the following members: |
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(1) two members of the senate from different political |
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parties, appointed by the lieutenant governor; |
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(2) two members of the house of representatives from |
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different political parties, appointed by the speaker of the house; |
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and |
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(3) the following members, appointed by the council: |
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(A) two members of the public who support the use |
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of cannabis for medical purposes and who are or were patients or the |
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parent of a patient who found relief from the use of medical |
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cannabis, at least one of whom represents the interests of persons |
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with disabilities; |
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(B) an expert in drug addiction and public health |
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policy; |
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(C) three physicians licensed in this state, |
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including one family practitioner and one specialist in a condition |
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for which low-THC cannabis may be prescribed under Chapter 487, |
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Health and Safety Code; |
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(D) a nurse licensed in this state who has |
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experience in hospice care, nominated by a state research |
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institution or trade association; |
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(E) a pharmacist licensed in this state, |
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nominated by a state research institution or trade association; |
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(F) a scientist who has experience in the science |
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of cannabis, nominated by a state research institution; |
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(G) a district attorney or county attorney with |
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criminal jurisdiction; |
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(H) a representative of municipal law |
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enforcement; |
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(I) a sheriff; |
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(J) an attorney who is knowledgeable about |
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medical cannabis laws in the United States; |
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(K) an individual with experience in |
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horticulture, recommended by the Department of Agriculture; |
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(L) an expert in laboratory sciences and |
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toxicology; and |
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(M) a member of the public with demonstrated |
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expertise and credentials in public health policy. |
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(b) The advisory committee shall appoint from its members a |
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presiding officer. |
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Sec. 411.472. DUTIES OF ADVISORY COMMITTEE. The advisory |
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committee shall: |
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(1) consider any matter submitted to the advisory |
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committee by the council; |
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(2) on its own initiative, recommend to the council |
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guidelines and rules and any changes to guidelines and rules that |
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the advisory committee considers important or necessary for the |
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council's review and consideration; and |
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(3) advise the council on legislation and proposed |
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rules. |
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Sec. 411.473. SUBCOMMITTEES. The presiding officer of the |
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advisory committee may appoint subcommittees to expedite the work |
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of the council. The presiding officer shall appoint: |
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(1) a subcommittee on public health to develop |
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recommendations on: |
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(A) products; |
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(B) labeling; |
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(C) marketing and advertising; |
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(D) related public health issues; |
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(E) potency, which may include a recommended |
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maximum limit for individual doses of medical cannabis products; |
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and |
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(F) packaging, which may include the development |
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and implementation of a public health warning to appear on medical |
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cannabis products; |
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(2) a subcommittee on public safety and community |
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mitigation to develop recommendations on law enforcement, |
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property, business, and consumer issues; and |
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(3) a subcommittee on the cannabis industry to develop |
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recommendations on cultivation, processing, manufacturing, |
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transportation, distribution, seed-to-sale tracking, and market |
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stability. |
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Sec. 411.474. COUNCIL STUDIES AND RESEARCH. The council, |
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in consultation with the advisory committee, shall conduct studies |
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and shall: |
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(1) collect data on the reported health care outcomes |
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and any adverse events in the use of medical cannabis; |
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(2) develop educational components for health care |
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provider education on the use of medical cannabis; |
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(3) develop agricultural best practices for the safe |
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cultivation of cannabis and innovations for a variety of strains of |
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cannabis; |
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(4) create testing protocols and objective |
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measurements for safety; |
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(5) develop standard packaging and labeling for |
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medical cannabis and medical cannabis products, ensuring |
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accessibility for users with disabilities; |
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(6) create medical cannabis warning labels based on |
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the latest scientific research; and |
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(7) create recommendations for safety and |
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identification measures to ensure that unauthorized persons do not |
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access medical cannabis. |
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Sec. 411.475. MEETINGS; QUORUM. (a) The advisory |
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committee meets at the call of the presiding officer. |
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(b) To take action at a meeting, a majority of the members of |
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the advisory committee present and voting shall constitute a |
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quorum. |
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Sec. 411.476. REIMBURSEMENT. Members of the advisory |
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committee serve without compensation but are entitled to |
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reimbursement for travel expenses and other actual and necessary |
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expenses incurred in the performance of official duties, as |
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provided by the General Appropriations Act. |
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Sec. 411.477. COUNCIL CONFLICT OF INTEREST. A person is |
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ineligible to serve on the council if the person: |
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(1) has a direct or indirect financial, ownership, or |
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management interest, including ownership of any stocks, bonds, or |
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other similar financial instruments, in any state licensed medical |
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cannabis business; |
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(2) is related within the second degree by |
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consanguinity or affinity, as determined under Chapter 573, to an |
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individual who holds a medical cannabis license in this state or in |
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another state; |
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(3) is an elected official of a state or local |
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government; |
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(4) receives or shares in, directly or indirectly, the |
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receipts or proceeds of a medical cannabis grower, processor, or |
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dispensing organization licensed in any state; or |
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(5) has a beneficial interest in any contract for the |
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manufacture or sale of medical cannabis or the provision of any |
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independent consulting services in connection with any medical |
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cannabis license issued by this state or another state. |
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Sec. 411.478. ADVISORY COMMITTEE CONFLICTS OF INTEREST; |
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DISCLOSURE. A member of the advisory committee may have an interest |
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in a cannabis business but must disclose that interest on any |
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application and to the council's chief compliance officer. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) the director of the Department of Public Safety |
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shall adopt rules as necessary to implement Subchapter Q, Chapter |
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411, Government Code, as added by this Act; and |
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(2) the applicable state agencies shall appoint |
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members to the Texas Medical Cannabis Council under Section |
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411.465, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |