Texas Medical Marijuana Bill
The Karen Heikkala Compassionate Care Act
Sections (Citations below are for illustration purposes only. Specific citations are to be added later)
69.51A.005 Purpose and intent.
69.51A.020 Construction of chapter.
69.51A.030 Physicians affirmative defense from state’s criminal laws.
69.51A.040 Authorized amount to be possessed.
69.51A.040 Prohibition against medical marihuana seizures by law enforcement, qualifying patients affirmative defense.
69.51A.050 Medical marihuana, lawful possession — State not liable.
69.51A.060 Crimes — Limitations of chapter.
69.51A.070 Controlled substances Tax
Purpose and intent.
The State of Texas finds that some patients with terminal or debilitating illnesses, under their physician’s care, may benefit from the medical use of marihuana. Some of the illnesses for which medical marihuana appears to be beneficial include chemotherapy-related nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; Post-traumatic Stress Disorder and some forms of intractable pain.
The State of Texas finds that humanitarian compassion necessitates that the decision to authorize the medical use of marihuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their physician’s professional medical judgment and discretion.
Therefore, the State of Texas intends that:
Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, may benefit from the medical use of marihuana, shall not be found guilty of a crime under state law for their possession and limited use of medical marihuana; Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marihuana; and Physicians also be excepted from liability and prosecution for the authorization of medical marihuana use to qualifying patients for whom, in the physician’s professional judgment, medical marihuana may prove beneficial.
The legislature intends to that the law on medical marihuana be construed so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marihuana, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
“Designated provider” means a person who:
Is eighteen years of age or older;
(b) Has been designated in writing by a Qualified patient to serve as a designated provider under this chapter;
Is prohibited from consuming marihuana obtained for the personal, medical use of the Qualified patient for whom the individual is acting as designated provider; and
Is the designated provider to no more than five qualified patients at any one time?
A Designated Provider may also be a Qualified Patient if the Designated Provider satisfies the requirements of §69.51A.010(3) below.
“Medical use of marihuana” means the production, possession, or administration of medical marihuana, as defined in [Enter Statutory Citation for the definition of marihuana], for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.
“Qualifying patient” means a person who:
Is a patient of a physician licensed under chapter [Add Statutory Citation for licensed physician M.D. or D.O.];
Has been diagnosed by that physician as having a terminal or debilitating medical condition;
Is a resident of the state of Texas at the time of such diagnosis
Has been advised by that physician about the risks and benefits of the medical use of marihuana; and
Has been advised by that physician that they may benefit from the medical use of marihuana.
Or a resident of any US State, territory, or the District of Colombia who possesses a current and validly issued medical marihuana license or other such permit issued by their state of residency;
“Terminal or debilitating medical condition” means:
Cancer, human immunodeficiency virus (HIV), Aids, multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard
treatments and medications; or Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications; or
Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
Anxiety disorders, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
Post traumatic stress disorder
Any other medical disorder, condition, or other diagnosis for which a physician or the finds the Qualifying patient may benefit from the medical use of marihuana
“Valid documentation” means:
A statement signed by a qualifying patient’s physician, or a copy of the qualifying patient’s pertinent medical records, which states that, in the physician’s professional opinion, the patient may benefit from the medical use of marihuana;
Proof of identity such as a Texas state driver’s license or other valid form of identification pursuant to [Add citation for valid forms of I.D.]; and
A copy of the physician statement described in(a) of this subsection shall have the same force and effect as the signed original.
The Texas Department of Health may provide a standardized form, no larger than one page in length which the physician may use in lieu of an individualized statement
A physician’s statement is valid under this act if it states: “I have examined [name of patient] and have found the patient to [brief diagnosis] and that the patient may benefit from the use of medical marihuana in the treatment or management of this condition. [date, signature, and printed name of physician]”
“MEDICAL MARIHUANA” MEANS THE plant of the Genus CANNABIS and its species, to include SATIVA, Ruderalis, Indica and its hybrids L., WHETHER GROWING OR NOT, THE SEEDS OF THAT PLANT, AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, EXTRACT, OIL, RESINOUS EXTRACT OR OIL, OR PREPARATION OF THAT PLANT OR ITS SEEDS
EXCEPT THE TERM MEDICAL MARIJUANA DOES NOT INCLUDE THE EXCLUSIONS LISTED IN SECTION 481.002(26)(B)-(E) OF THE TEXAS HEALTH AND SAFETY CODE
Construction of chapter.
Nothing in this chapter shall be construed to supersede Texas state law prohibiting the
acquisition, possession, manufacture, sale, or use of medical marihuana for non-medical purposes.
Physicians affirmative defense from state’s criminal laws.
A physician licensed under [Add citation for licensed physicians] shall will be deemed to have established an affirmative defense from the state’s criminal laws and shall not be penalized in any manner, or denied any right or privilege, for:
Advising a qualifying patient about the risks and benefits of medical use of medical marihuana or that the qualifying patient may benefit from the medical use of medical marihuana where such use is within a professional standard of care or in the individual physician’s medical judgment; or
Providing a qualifying patient with valid documentation, based upon the physician’s assessment of the qualifying patient’s medical history and current medical condition, that the medical use of medical marihuana may benefit a particular qualifying patient.
Authorized amount to be possessed.
A Qualified patient may cultivate or possess no more than the amount reasonably necessary for sixty days medical use.
A designated provider may cultivate or possess no more than is reasonably to assure that those patients who have designated such provider may secure such reasonably necessary sixty day supply for medical use.
A qualified patient or designated provider may also possess equipment or supplies as a reasonably necessary to provide, prepare, or ingest such medical marihuana for medical use.
An amount of medical marihuana no more than twice the amount provided each thirty days by the federal government to patients enrolled in the Federal Compassionate Investigational New Drug program [actual citation needed] on January 1, 2011, shall be presumed a reasonably necessary sixty-day supply patients; this presumption may be overcome with evidence of a qualifying patient’s necessary medical use.
In any trial for the possession of medical marihuana by one claiming to be a qualified patient or designated provider, the state shall be able to rebut the presumption of a reasonable sixty-day supply by showing beyond a reasonable doubt that such amount is unreasonable.
No qualified patient or designated provider may possess more than two ounces of medical marihuana when away from such patients or provider’s domicile, residence, or place of business.
Prohibition against medical marihuana seizures by law enforcement, qualifying patients’ affirmative defense.
If a law enforcement officer discovers that medical marihuana is being possessed lawfully under the medical marihuana law, the officer may document the amount of medical marihuana, take a representative sample that is large enough to test, but not seize the medical marihuana, nor arrest the Qualified patient. A law enforcement officer or agency shall not be held civilly liable for failure to seize medical marihuana in this circumstance.
If charged with a violation of state law relating to medical marihuana, any Qualifying patient who is engaged in the medical use of marihuana, or any Designated provider who assists a Qualifying patient in the medical use of marihuana, to such charges by proof of his or her compliance with the requirements provided in this[Act]. Any person meeting the requirements appropriate to his or her status under this [Act] shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.
A Qualifying patient, if eighteen years of age or older, or a Designated provider shall:
Meet all criteria for status as a Qualifying patient or Designated provider;
Possess no more medical marihuana than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a sixty-day supply as stated in [XXXX above]; and
Present his or her valid documentation to any law enforcement official who questions the Qualifying patient or Designated provider regarding his or her medical use of medical marihuana.
Intent — 2007 c 371: See note following RCW 69.51A.005.
Medical marihuana, lawful possession — State not liable.
The lawful possession or manufacture of medical marihuana as authorized by this chapter shall not result in the forfeiture or seizure of any property.
No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for being in the presence or vicinity of medical marihuana or its use as authorized by this chapter.
The state shall not be held liable for any deleterious outcomes from the medical use of marihuana by any qualifying patient.
Crimes — Limitations of chapter.
(1) It shall be a misdemeanor to use or display medical marihuana in a manner or place which is open to the view of the general public.
(2) Nothing in this chapter requires any health insurance provider to be liable for any claim for
reimbursement for the medical use of marihuana.
(3) Nothing in this chapter requires any physician to authorize the use of medical marihuana for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of marihuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking medical marihuana in any public place
as that term is defined in [Add citation for public place].
(5) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under [Add Citation].
(6) No person shall be entitled to claim the affirmative defense provided in [Add Section above] for engaging in the medical use of marihuana in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway.
Controlled substances Tax, Title 2, Subtitle E, and Chapter 159 of the Tax Code.
(1) Medical Marijuana cultivated and prepared within the living quarters, home, domicile, or Homestead property of the patient for whom the marijuana is intended shall be exempt from the Controlled substances Tax , Title 2, Subtitle E, and Chapter 159 of the Tax Code.
(2) Medical Marijuana cultivated or prepared outside the living quarters, home, domicile, or Homestead property of the patient for whom it is intended shall pay the Controlled substances Tax , Title 2, Subtitle E, and Chapter 159 of the Tax Code.
Estimated taxes shall be payed at least quarterly and reconciled yearly with production records by patient.
Records of payment shall be deemed as evidence of payment of these taxes and compliance with this act.
The State Tax office shall be required to provide a receipt of payment to the payee.
All people involved in the process of the collection of these taxes shall be bound by all confidentially requirements in the Controlled substances Tax , Title 2, Subtitle E, and Chapter 159 of the Tax Code
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Last Updated ( Tuesday, September 14 2010 05:16 )