Bill Text: TX SB1972 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the definition of marihuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to State Affairs [SB1972 Detail]
Download: Texas-2021-SB1972-Introduced.html
By: Gutierrez | S.B. No. 1972 | |
|
||
|
||
relating to the definition of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.002 (26), Health & Safety Code, is | ||
amended to read as follows: | ||
(26) "Marihuana" means the plant Cannabis sativa L., | ||
whether growing or not, the seeds of that plant, and every compound, | ||
manufacture, salt, derivative, mixture, or preparation of that | ||
plant or its seeds. The term includes edible marihuana products and | ||
any compound used in e-cigarettes as defined by Section 161.081. | ||
The term does not include: | ||
(A) the resin extracted from a part of the plant | ||
or a compound, manufacture, salt, derivative, mixture, or | ||
preparation of the resin; | ||
(B) the mature stalks of the plant or fiber | ||
produced from the stalks; | ||
(C) oil or cake made from the seeds of the plant; | ||
(D) a compound, manufacture, salt, derivative, | ||
mixture, or preparation of the mature stalks, fiber, oil, or cake; | ||
(E) the sterilized seeds of the plant that are | ||
incapable of beginning germination; or | ||
(F) hemp, as that term is defined by Section | ||
121.001, Agriculture Code. | ||
SECTION 2. Section 481.111, Health & Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.111. EXEMPTIONS. (a) The provisions of this | ||
chapter relating to the possession and distribution of peyote do | ||
not apply to the use of peyote by a member of the Native American | ||
Church in bona fide religious ceremonies of the church or to a | ||
person who supplies the substance to the church. An exemption | ||
granted to a member of the Native American Church under this section | ||
does not apply to a member with less than 25 percent Indian blood. | ||
(b) The provisions of this chapter relating to the | ||
possession of denatured sodium pentobarbital do not apply to | ||
possession by personnel of a humane society or an animal control | ||
agency for the purpose of destroying injured, sick, homeless, or | ||
unwanted animals if the humane society or animal control agency is | ||
registered with the Federal Drug Enforcement Administration. The | ||
provisions of this chapter relating to the distribution of | ||
denatured sodium pentobarbital do not apply to a person registered | ||
as required by Subchapter C, who is distributing the substance for | ||
that purpose to a humane society or an animal control agency | ||
registered with the Federal Drug Enforcement Administration. | ||
(c) A person does not violate Section 481.113, 481.116, | ||
481.1161, 481.121, or 481.125 if the person possesses or delivers | ||
tetrahydrocannabinols or their derivatives, or drug paraphernalia | ||
to be used to introduce tetrahydrocannabinols or their derivatives | ||
into the human body, for use in a federally approved therapeutic | ||
research program. | ||
(d) The provisions of this chapter relating to the | ||
possession and distribution of anabolic steroids do not apply to | ||
the use of anabolic steroids that are administered to livestock or | ||
poultry. | ||
(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 legal guardian, and the person possesses low-THC cannabis | ||
obtained under a valid prescription from a dispensing organization; | ||
or | ||
(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 | ||
disposal of low-THC cannabis. | ||
(f) For purposes of Subsection (e): | ||
(1) "Dispensing organization" has the meaning | ||
assigned by Section 487.001. | ||
(2) "Low-THC cannabis" has the meaning assigned by | ||
Section 169.001, Occupations Code. | ||
(g) Sections 481.103 and 481.1031 do not apply to a | ||
substance or material that contains Tetrahydrocannabinol or its | ||
synthetic equivalents and is also contained in an edible product or | ||
for use in an e-cigarette. | ||
SECTION 3. This Act takes effect September 1, 2021. |