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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical use of marihuana; providing a defense to |
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prosecution for possession of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) that the person possessed the marihuana: |
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(1) as a patient of a physician licensed to practice |
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medicine in this state pursuant to the recommendation of that |
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physician for the amelioration of the symptoms or effects of a |
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medical condition; or |
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(2) as the primary caregiver of a patient described by |
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Subdivision (1), and the person possessed the marihuana only with |
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intent to assist the patient. |
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(d) An agency, including a law enforcement agency, of this |
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state or a political subdivision of this state may not initiate an |
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administrative, civil, or criminal investigation into a physician |
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licensed to practice medicine in this state solely on the ground |
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that the physician: |
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(1) discussed marihuana as a treatment option with a |
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patient of the physician; or |
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(2) made a written or oral statement that, in the |
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physician's professional opinion, the potential benefits of the use |
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of marihuana would likely outweigh the health risks for a |
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particular patient. |
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SECTION 2. Subchapter B, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0535 to read as follows: |
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Sec. 164.0535. MEDICAL USE OF MARIHUANA. A physician may |
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not be denied any right or privilege or be subject to any |
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disciplinary action solely for making a written or oral statement |
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that, in the physician's professional opinion, the potential |
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benefits of the use of marihuana would likely outweigh the health |
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risks for a particular patient. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |