| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the medical use 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) for the possession of marihuana that the person |
|
|
possessed the marihuana 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 |
|
|
bona fide medical condition. |
|
|
(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 on the ground that the |
|
|
physician discussed marihuana as a treatment option with a patient |
|
|
of the physician or made a written or oral statement that, in the |
|
|
physician's opinion, the potential benefits 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 164.0525 to read as follows: |
|
|
Sec. 164.0525. 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 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 |
|
|
covered by the law in effect when 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 was committed before that |
|
|
date. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |