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THE TIM TIMMONS COMPASSIONATE CARE ACT

OF 2015

Chapter 487.  Health and Safety Code

SUBCHAPTER A.  GENERAL PROVISIONS

487.001. Short title. THIS ACT SHALL BE KNOWN AND MAY

BE CITED AS THE "TIM TIMMONS COMPASSIONATE CARE ACT" (herein referred to as the “Act”).

487.002. Legislative declaration.

(1) THE STATE OF TEXAS HEREBY DECLARES THAT IT IS NECESSARY TO IMPLEMENT RULES TO ENSURE THAT PATIENTS SUFFERING FROM LEGITIMATE DEBILITATING MEDICAL CONDITIONS ARE ABLE TO LEGALLY AND SAFELY GAIN ACCESS TO MEDICAL MARIHUANA AND TO ENSURE THAT THESE PATIENTS ARE NOT SUBJECT TO ARREST OR CRIMINAL PROSECUTION FOR THEIR PURCHASE, POSSESSION, TRANSPORTATION AND USE OF

MEDICAL MARIHUANA IN ACCORDANCE WITH THIS ACT, AND THE RULES OF THE STATE

LICENSING AUTHORITY.

(2) THE TEXAS LEGISLATURE FURTHER DECLARES THAT IT IS

UNLAWFUL UNDER STATE LAW TO CULTIVATE, MANUFACTURE, DISTRIBUTE,

OR SELL MEDICAL MARIHUANA, EXCEPT IN COMPLIANCE WITH THE TERMS,

CONDITIONS, LIMITATIONS, AND RESTRICTIONS IN THIS ACT OR WHEN ACTING AS

A PRIMARY CAREGIVER IN COMPLIANCE WITH THE TERMS, CONDITIONS,

LIMITATIONS, AND RESTRICTIONS OF THIS ACT.

487.003.  Definitions. AS USED IN THIS CHAPTER, UNLESS THE

CONTEXT OTHERWISE REQUIRES:

(1) "GOOD CAUSE", FOR PURPOSES OF REFUSING OR DENYING A

LICENSE RENEWAL, REINSTATEMENT, OR INITIAL LICENSE ISSUANCE, MEANS:

(a) THE LICENSEE OR APPLICANT HAS VIOLATED, DOES NOT MEET, OR

HAS FAILED TO COMPLY WITH ANY OF THE TERMS, CONDITIONS, OR

PROVISIONS OF THIS ACT, ANY RULES PROMULGATED PURSUANT TO THIS

ACT, OR ANY SUPPLEMENTAL LOCAL LAW, RULES, OR REGULATIONS THAT DO NOT CONFLICT WITH THIS ACT;

(b) THE LICENSEE OR APPLICANT HAS FAILED TO COMPLY WITH ANY

SPECIAL TERMS OR CONDITIONS THAT WERE PLACED ON ITS LICENSE

PURSUANT TO AN ORDER OF THE STATE OR LOCAL LICENSING AUTHORITY;

(c) THE LICENSED PREMISES HAVE BEEN OPERATED IN A MANNER

THAT ADVERSELY AFFECTS THE PUBLIC HEALTH OR WELFARE OR THE SAFETY

OF THE IMMEDIATE NEIGHBORHOOD IN WHICH THE ESTABLISHMENT IS

LOCATED.

(2) "LICENSE" MEANS TO GRANT A LICENSE OR REGISTRATION

PURSUANT TO THIS ACT.

(3) "LICENSED PREMISES" MEANS THE PREMISES SPECIFIED IN AN

APPLICATION FOR A LICENSE UNDER THIS ACT, WHICH ARE OWNED OR IN

POSSESSION OF THE LICENSEE AND WITHIN WHICH THE LICENSEE IS

AUTHORIZED TO CULTIVATE, MANUFACTURE, DISTRIBUTE, OR SELL MEDICAL

MARIHUANA IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.

(4) "LICENSEE" MEANS A PERSON LICENSED OR REGISTERED

PURSUANT TO THIS ACT.

(5) "LOCAL LICENSING AUTHORITY" MEANS AN AUTHORITY

DESIGNATED BY MUNICIPAL OR COUNTY CHARTER, MUNICIPAL ORDINANCE,

OR COUNTY RESOLUTION.

(6) "LOCATION" MEANS A PARTICULAR PARCEL OF LAND THAT MAY

BE IDENTIFIED BY AN ADDRESS OR OTHER DESCRIPTIVE MEANS.

 (7) "MEDICAL MARIHUANA" MEANS THE PLANT CANNABIS SATIVA 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 THAT IS GROWN, SOLD, PURCHASED, POSSESSED, TRANSPORTED AND CONSUMED PURSUANT TO THE PROVISIONS OF THIS ACT,  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

(8) "LICENSED WELLNESS CENTER" MEANS A PERSON LICENSED

PURSUANT TO THIS ACT TO OPERATE A BUSINESS THAT SELLS MEDICAL MARIHUANA TO REGISTERED PATIENTS OR PRIMARY CAREGIVERS AS DEFINED IN THIS ACT.  A LICENSED WELLNESS CENTER MAY ALSO INCLUDE AN OPTIONAL PREMISES. 

(9) "MEDICAL MARIHUANA-INFUSED PRODUCT" MEANS A PRODUCT

INFUSED WITH MEDICAL MARIHUANA THAT IS INTENDED FOR USE OR

CONSUMPTION OTHER THAN BY SMOKING, INCLUDING BUT NOT LIMITED TO

EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. THESE PRODUCTS, WHEN

MANUFACTURED OR SOLD BY A LICENSED WELLNESS CENTER OR

A MEDICAL MARIHUANA-INFUSED PRODUCT MANUFACTURER, SHALL NOT BE

CONSIDERED A FOOD OR DRUG UNDER THE TEXAS HEALTH AND SAFETY CODE.

(10) "MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURER"

MEANS A PERSON LICENSED PURSUANT TO THIS ACT TO OPERATE A

MEDICAL MARIHUANA-INFUSED PRODUCT PREMISES.  A MEDICAL MARIHUANA-INFUSED PRODUCT PREMISES MAY ALSO INCLUDE AN OPTIONAL PREMISES.

(11) "OPTIONAL PREMISES" MEANS THE PREMISES SPECIFIED IN AN

APPLICATION FOR A LICENSED WELLNESS CENTER LICENSE OR MEDICAL MARIHUANA-INFUSED PRODUCT PREMISES WITH RELATED

GROWING FACILITIES IN TEXAS FOR WHICH THE LICENSEE IS AUTHORIZED

TO GROW AND CULTIVATE MARIHUANA FOR A PURPOSE AUTHORIZED BY

THIS ACT.

(12) " PREMISES CULTIVATION OPERATION" MEANS A

PERSON LICENSED PURSUANT TO THIS ACT TO OPERATE A BUSINESS AS

DESCRIBED IN SECTION 487.023.

(13) "PERSON" MEANS A NATURAL PERSON, PARTNERSHIP,

ASSOCIATION, COMPANY, CORPORATION, LIMITED LIABILITY COMPANY, OR

ORGANIZATION, OR A MANAGER, AGENT, OWNER, DIRECTOR, SERVANT,

OFFICER, OR EMPLOYEE THEREOF.

(14) "PREMISES" MEANS A DISTINCT AND DEFINITE LOCATION, WHICH

MAY INCLUDE A BUILDING, A PART OF A BUILDING, A ROOM, OR ANY OTHER

DEFINITE CONTIGUOUS AREA.

(15) "SCHOOL" MEANS A PUBLIC OR PRIVATE PRESCHOOL OR A

PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL.

 (16) "STATE LICENSING AUTHORITY" MEANS THE TEXAS ALCOHOL AND BEVERAGE COMMISSION OR SUCH OTHER AUTHORITY THAT MAY BE

CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE

LICENSING OF THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE

OF MEDICAL MARIHUANA IN THIS STATE, PURSUANT TO THIS ACT

487.004. Limited access areas. SUBJECT TO THE PROVISIONS

OF 487.029, A LIMITED ACCESS AREA SHALL BE A BUILDING, ROOM, OR

OTHER CONTIGUOUS AREA UPON THE LICENSED PREMISES WHERE MEDICAL

MARIHUANA IS GROWN, CULTIVATED, STORED, WEIGHED, DISPLAYED,

PACKAGED, SOLD, OR POSSESSED FOR SALE, UNDER CONTROL OF THE

LICENSEE, WITH LIMITED ACCESS TO ONLY THOSE PERSONS LICENSED BY THE

STATE LICENSING AUTHORITY. ALL AREAS OF INGRESS OR EGRESS TO

LIMITED ACCESS AREAS SHALL BE CLEARLY IDENTIFIED AS SUCH BY A SIGN

AS DESIGNATED BY THE STATE LICENSING AUTHORITY.

487.005. Local option. THE OPERATION OF THIS ACT SHALL

BE STATEWIDE UNLESS A MUNICIPALITY, COUNTY, CITY, OR CITY AND

COUNTY, BY EITHER A MAJORITY OF THE REGISTERED ELECTORS OF THE

MUNICIPALITY, COUNTY, CITY, OR CITY AND COUNTY VOTING AT A REGULAR

ELECTION, OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE MUNICIPALITY, COUNTY, CITY, OR CITY AND COUNTY, VOTE TO PROHIBIT THE OPERATION OF LICENSED WELLNESS CENTERS, PREMISES CULTIVATION OPERATIONS, AND MEDICALMARIHUANA-INFUSED PRODUCTS MANUFACTURERS' LICENSES

 

SUBCHAPTER B.

STATE LICENSING AUTHORITY

487.006. State licensing authority - creation.

(1) FOR THE PURPOSE OF REGULATING AND CONTROLLING THE LICENSING OF

THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE OF MEDICAL

MARIHUANA IN THIS STATE, THE STATE SHALL UTILIZE THE TEXAS ALCOHOL AND BEVERAGE COMMISSION (“TABC”), UNLESS THERE IS CREATED AN ALTERNATIVE STATE LICENSING

AUTHORITY BY THE STATE.  .

(2) ON JULY 1, 2014, THE STATE COMPTROLLER SHALL LOAN TO THE STATE LICENSING AUTHORITY A SUM NOT TO EXCEED ONE MILLION DOLLARS. THE STATE

LICENSING AUTHORITY SHALL PAY BACK THE ONE MILLION DOLLAR LOAN TO

THE STATE COMPTROLLER NO LATER THAN

DECEMBER 31, 2016.

487.007. Powers and duties of state licensing authority.

(1) THE STATE LICENSING AUTHORITY SHALL:

(a) GRANT OR REFUSE STATE LICENSES FOR THE CULTIVATION,

MANUFACTURE, DISTRIBUTION, AND SALE OF MEDICAL MARIHUANA AS

PROVIDED IN THIS ACT; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH LICENSES

UPON A VIOLATION OF THIS ACT, OR A RULE PROMULGATED PURSUANT

TO THIS ACT; AND IMPOSE ANY PENALTY AUTHORIZED BY THIS ACT

OR ANY RULE PROMULGATED PURSUANT TO THIS ACT. THE STATE

LICENSING AUTHORITY MAY TAKE ANY ACTION WITH RESPECT TO A

LICENSE PURSUANT TO THIS ACT, IN ACCORDANCE WITH THE

PROCEDURES ESTABLISHED PURSUANT TO THIS ACT.

(b) PROMULGATE SUCH RULES AND SUCH SPECIAL RULINGS AND

FINDINGS AS NECESSARY FOR THE PROPER REGULATION AND CONTROL OF

THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE OF MEDICAL

MARIHUANA AND FOR THE ENFORCEMENT OF THIS ACT.

 (c) MAINTAIN THE CONFIDENTIALITY OF REPORTS OBTAINED FROM

A LICENSEE SHOWING THE SALES VOLUME OR QUANTITY OF MEDICAL

MARIHUANA SOLD OR ANY OTHER RECORDS THAT ARE EXEMPT FROM PUBLIC

INSPECTION PURSUANT TO STATE LAW;

(d) DEVELOP SUCH FORMS, LICENSES, IDENTIFICATION CARDS, AND

APPLICATIONS AS ARE NECESSARY OR CONVENIENT IN THE DISCRETION OF

THE STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS

ACT OR ANY OF THE RULES PROMULGATED UNDER THIS ACT;

(e) PREPARE AND TRANSMIT ANNUALLY

A REPORT ACCOUNTING TO THE GOVERNOR FOR

THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES ASSIGNED BY LAW OR

DIRECTIVE TO THE STATE LICENSING AUTHORITY; AND

(f) IN RECOGNITION OF THE POTENTIAL MEDICINAL VALUE OF

MEDICAL MARIHUANA, MAKE A REQUEST BY JANUARY 1, 2014, TO THE

FEDERAL DRUG ENFORCEMENT ADMINISTRATION TO CONSIDER

RESCHEDULING, FOR PHARMACEUTICAL PURPOSES, MEDICAL MARIHUANA

FROM A SCHEDULE I CONTROLLED SUBSTANCE TO A SCHEDULE II

CONTROLLED SUBSTANCE.

(2) (a) RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF

SUBSECTION (1) OF THIS SECTION MAY INCLUDE, BUT NEED NOT BE LIMITED

TO, THE FOLLOWING SUBJECTS:

(I) COMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY

PROVISION OF THIS ACT, OR ANY RULE ISSUED PURSUANT TO THIS

ACT, INCLUDING PROCEDURES AND GROUNDS FOR DENYING,

SUSPENDING, FINING, RESTRICTING, OR REVOKING A STATE LICENSE ISSUED

PURSUANT TO THIS ACT;

(II) SPECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF THE

STATE LICENSING AUTHORITY;

(III) INSTRUCTIONS FOR LOCAL LICENSING AUTHORITIES AND LAW

ENFORCEMENT OFFICERS;

(IV) REQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,

SEIZURES, AND SUCH ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY

FROM TIME TO TIME;

 (V) CREATION OF A RANGE OF PENALTIES FOR USE BY THE STATE

LICENSING AUTHORITY;

(VI) PROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES;

(VII) CONTROL OF INFORMATIONAL AND PRODUCT DISPLAYS ON

LICENSED PREMISES;

(VIII) DEVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS FOR

OWNERS, OFFICERS, MANAGERS, CONTRACTORS, EMPLOYEES, AND OTHER

SUPPORT STAFF OF ENTITIES LICENSED PURSUANT TO THIS ACT,

INCLUDING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS

MAY BE REQUIRED BY THE STATE LICENSING AUTHORITY PRIOR TO ISSUING

A CARD;

(IX) IDENTIFICATION OF STATE LICENSEES AND THEIR OWNERS,

OFFICERS, MANAGERS, AND EMPLOYEES;

(X) SECURITY REQUIREMENTS FOR ANY PREMISES LICENSED

PURSUANT TO THIS ACT, INCLUDING, AT A MINIMUM, LIGHTING,

PHYSICAL SECURITY, VIDEO, ALARM REQUIREMENTS, AND OTHER MINIMUM

PROCEDURES FOR INTERNAL CONTROL AS DEEMED NECESSARY BY THE STATE

LICENSING AUTHORITY TO PROPERLY ADMINISTER AND ENFORCE THE

PROVISIONS OF THIS ACT, INCLUDING REPORTING REQUIREMENTS FOR

CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE PREMISES;

(XI) REGULATION OF THE STORAGE OF, WAREHOUSES FOR, AND

TRANSPORTATION OF MEDICAL MARIHUANA;

(XII) SANITARY REQUIREMENTS FOR LICENSED WELLNESS CENTERS,

INCLUDING BUT NOT LIMITED TO SANITARY REQUIREMENTS FOR THE

PREPARATION OF MEDICAL MARIHUANA-INFUSED PRODUCTS;

(XIII) THE SPECIFICATION OF ACCEPTABLE FORMS OF PICTURE

IDENTIFICATION THAT A LICENSED WELLNESS CENTER MAY ACCEPT WHEN

VERIFYING A SALE;

(XIV) LABELING STANDARDS;

(XV) RECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED

AVAILABILITY OF THE RECORDS;

(XVI) STATE LICENSING PROCEDURES, INCLUDING PROCEDURES FOR

RENEWALS, REINSTATEMENTS, INITIAL LICENSES, AND THE PAYMENT OF

LICENSING FEES;

(XVII) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES TAX

PAYMENTS BY LICENSED WELLNESS CENTERS;

(XVIII) AUTHORIZATION FOR THE STATE COMPTROLLER TO

HAVE ACCESS TO LICENSING INFORMATION TO ENSURE SALES AND INCOME

TAX PAYMENT AND THE EFFECTIVE ADMINISTRATION OF THIS ACT;

(XIX) AUTHORIZATION FOR THE STATE COMPTROLLER TO ISSUE

ADMINISTRATIVE CITATIONS AND PROCEDURES FOR ISSUING, APPEALING AND

CREATING A CITATION VIOLATION LIST AND SCHEDULE OF PENALTIES; AND

(XX) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR,

IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS

ACT.

(b) NOTHING IN THIS ACT SHALL BE CONSTRUED AS DELEGATING

TO THE STATE LICENSING AUTHORITY THE POWER TO FIX PRICES FOR

MEDICAL MARIHUANA.

(c) NOTHING IN THIS ACT SHALL BE CONSTRUED TO LIMIT A LAW

ENFORCEMENT AGENCYS ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN

RELATION TO A LICENSED WELLNESS CENTER, OPTIONAL PREMISES

CULTIVATION OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURER. A LAW ENFORCEMENT AGENCY SHALL HAVE THE

AUTHORITY TO RUN A TEXAS CRIME INFORMATION CENTER CRIMINAL

HISTORY RECORD CHECK OF A PRIMARY CAREGIVER, LICENSEE, OR EMPLOYEE

OF A LICENSEE DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED

TO MEDICAL MARIHUANA.

 

SUBCHAPTER C.

STATE AND LOCAL LICENSING

487.008. Local licensing authority - applications - licenses.

(1) A LOCAL LICENSING AUTHORITY MAY ISSUE ONLY THE FOLLOWING

MEDICAL MARIHUANA LICENSES UPON PAYMENT OF THE FEE AND

COMPLIANCE WITH ALL LOCAL LICENSING REQUIREMENTS TO BE DETERMINED

BY THE LOCAL LICENSING AUTHORITY:

(a) A LICENSED WELLNESS CENTER LICENSE WITH OR WITHOUT AN OPTIONAL PREMISES;

(b) A PREMISES CULTIVATION LICENSE;

(c) A MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING

LICENSE WITH OR WITHOUT AN OPTIONAL PREMISES.

(2) (a) A LOCAL LICENSING AUTHORITY SHALL NOT ISSUE A LOCAL

LICENSE WITHIN A MUNICIPALITY, CITY AND COUNTY, OR THE

UNINCORPORATED PORTION OF A COUNTY UNLESS THE GOVERNING BODY OF

THE MUNICIPALITY OR CITY AND COUNTY HAS ADOPTED AN ORDINANCE, OR

THE GOVERNING BODY OF THE COUNTY HAS ADOPTED A RESOLUTION,

CONTAINING SPECIFIC STANDARDS FOR LICENSE ISSUANCE, OR IF NO SUCH

ORDINANCE OR RESOLUTION IS ADOPTED PRIOR TO JULY 1, 2014, THEN A

LOCAL LICENSING AUTHORITY SHALL CONSIDER THE MINIMUM LICENSING

REQUIREMENTS OF THIS PART 2 WHEN ISSUING A LICENSE.

(b) IN ADDITION TO ALL OTHER STANDARDS APPLICABLE TO THE

ISSUANCE OF LICENSES UNDER THIS ACT, THE LOCAL GOVERNING BODY

MAY ADOPT ADDITIONAL STANDARDS FOR THE ISSUANCE OF MEDICAL

MARIHUANA CENTER, PREMISES CULTIVATION, OR MEDICAL

MARIHUANA-INFUSED PRODUCTS MANUFACTURER LICENSES CONSISTENT

WITH THE INTENT OF THIS ACT THAT MAY INCLUDE, BUT NEED NOT BE

LIMITED TO:

(I) ZONING RESTRICTIONS FOR THE LOCATIONS OF PREMISES FOR WHICH LOCAL

LICENSES ARE ISSUED;

(II) REASONABLE RESTRICTIONS ON THE HOURS OF OPERATION FOR THE LICENSED WELLNESS CENTERS; AND

(III) ANY OTHER REQUIREMENTS NECESSARY TO ENSURE THE

CONTROL OF THE PREMISES AND THE EASE OF ENFORCEMENT OF THE TERMS

AND CONDITIONS OF THE LICENSE.

(3) AN APPLICATION FOR A LICENSE SPECIFIED IN SUBSECTION (1) OF

THIS SECTION SHALL BE FILED WITH THE APPROPRIATE LOCAL LICENSING

AUTHORITY ON FORMS PROVIDED BY THE STATE LICENSING AUTHORITY AND

SHALL CONTAIN SUCH INFORMATION AS THE STATE LICENSING AUTHORITY

MAY REQUIRE AND ANY FORMS AS THE LOCAL LICENSING AUTHORITY MAY

REQUIRE. EACH APPLICATION SHALL BE VERIFIED BY THE OATH OR

AFFIRMATION OF THE PERSONS PRESCRIBED BY THE STATE LICENSING

AUTHORITY.

(4) AN APPLICANT SHALL FILE AT THE TIME OF APPLICATION FOR A

LOCAL LICENSE PLANS AND SPECIFICATIONS FOR THE INTERIOR OF THE

BUILDING IF THE BUILDING TO BE OCCUPIED IS IN EXISTENCE AT THE TIME.

IF THE BUILDING IS NOT IN EXISTENCE, THE APPLICANT SHALL FILE A PLOT

PLAN AND A DETAILED SKETCH FOR THE INTERIOR AND SUBMIT AN

ARCHITECT'S DRAWING OF THE BUILDING TO BE CONSTRUCTED. IN ITS

DISCRETION, THE LOCAL OR STATE LICENSING AUTHORITY MAY IMPOSE

ADDITIONAL REQUIREMENTS NECESSARY FOR THE APPROVAL OF THE

APPLICATION.

487.009. Public hearing notice - posting and publication.

(1) UPON RECEIPT OF AN APPLICATION FOR A LOCAL LICENSE, EXCEPT AN

APPLICATION FOR RENEWAL OR FOR TRANSFER OF OWNERSHIP, A LOCAL

LICENSING AUTHORITY MAY SCHEDULE A PUBLIC HEARING UPON THE

APPLICATION TO BE HELD NOT LESS THAN THIRTY DAYS AFTER THE DATE OF

THE APPLICATION. IF THE LOCAL LICENSING AUTHORITY SCHEDULES A

HEARING FOR A LICENSED WELLNESS CENTER APPLICATION, IT SHALL POST

AND PUBLISH PUBLIC NOTICE THEREOF NOT LESS THAN TEN DAYS PRIOR TO

THE HEARING. THE LOCAL LICENSING AUTHORITY SHALL GIVE PUBLIC

NOTICE BY THE POSTING OF A SIGN IN A CONSPICUOUS PLACE ON THE

LICENSED WELLNESS CENTER PREMISES FOR WHICH APPLICATION HAS BEEN

MADE AND BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN

THE COUNTY IN WHICH THE LICENSED WELLNESS CENTER PREMISES ARE

LOCATED.

(2) PUBLIC NOTICE GIVEN BY POSTING SHALL INCLUDE A SIGN OF

SUITABLE MATERIAL, NOT LESS THAN TWENTY-TWO INCHES WIDE AND

TWENTY-SIX INCHES HIGH, COMPOSED OF LETTERS NOT LESS THAN ONE INCH

IN HEIGHT AND STATING THE TYPE OF LICENSE APPLIED FOR, THE DATE OF

THE APPLICATION, THE DATE OF THE HEARING, THE NAME AND ADDRESS OF

THE APPLICANT, AND SUCH OTHER INFORMATION AS MAY BE REQUIRED TO

FULLY APPRISE THE PUBLIC OF THE NATURE OF THE APPLICATION. THE SIGN

SHALL CONTAIN THE NAMES AND ADDRESSES OF THE OFFICERS, DIRECTORS,

OR MANAGER OF THE PREMISES TO BE LICENSED.

(3) PUBLIC NOTICE GIVEN BY PUBLICATION SHALL CONTAIN THE

SAME INFORMATION AS THAT REQUIRED FOR SIGNS.

(4) IF THE BUILDING IN WHICH MEDICAL MARIHUANA IS TO BE SOLD

IS IN EXISTENCE AT THE TIME OF THE APPLICATION, A SIGN POSTED AS

REQUIRED IN SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE PLACED

SO AS TO BE CONSPICUOUS AND PLAINLY VISIBLE TO THE GENERAL PUBLIC.

IF THE BUILDING IS NOT CONSTRUCTED AT THE TIME OF THE APPLICATION,

THE APPLICANT SHALL POST A SIGN AT THE PREMISES UPON WHICH THE

BUILDING IS TO BE CONSTRUCTED IN SUCH A MANNER THAT THE NOTICE

SHALL BE CONSPICUOUS AND PLAINLY VISIBLE TO THE GENERAL PUBLIC.

(5) (a) A LOCAL LICENSING AUTHORITY, OR A LICENSE APPLICANT

WITH LOCAL LICENSING AUTHORITY APPROVAL, MAY REQUEST THAT THE

STATE LICENSING AUTHORITY CONDUCT A CONCURRENT REVIEW OF A NEW

LICENSE APPLICATION PRIOR TO THE LOCAL LICENSING AUTHORITY'S FINAL

APPROVAL OF THE LICENSE APPLICATION. LOCAL LICENSING AUTHORITIES

WHO PERMIT A CONCURRENT REVIEW WILL CONTINUE TO INDEPENDENTLY

REVIEW THE APPLICANT'S LICENSE APPLICATION.

(b) WHEN CONDUCTING A CONCURRENT APPLICATION REVIEW, THE

STATE LICENSING AUTHORITY MAY ADVISE THE LOCAL LICENSING

AUTHORITY OF ANY ITEMS THAT IT FINDS THAT COULD RESULT IN THE DENIAL

OF THE LICENSE APPLICATION. UPON CORRECTION OF THE NOTED

DISCREPANCIES IF THE CORRECTION IS PERMITTED BY THE STATE LICENSING

AUTHORITY, THE STATE LICENSING AUTHORITY SHALL NOTIFY THE LOCAL

LICENSING AUTHORITY OF ITS CONDITIONAL APPROVAL OF THE LICENSE

APPLICATION SUBJECT TO THE FINAL APPROVAL BY THE LOCAL LICENSING

AUTHORITY. THE STATE LICENSING AUTHORITY SHALL THEN ISSUE THE

APPLICANT'S STATE LICENSE UPON RECEIVING EVIDENCE OF FINAL APPROVAL

BY THE LOCAL LICENSING AUTHORITY.

(c) ALL APPLICATIONS SUBMITTED FOR CONCURRENT REVIEW SHALL

BE ACCOMPANIED BY ALL APPLICABLE STATE LICENSE AND APPLICATION

FEES. ANY APPLICATIONS THAT ARE LATER DENIED OR WITHDRAWN MAY

ALLOW FOR A REFUND OF LICENSE FEES ONLY. ALL APPLICATION FEES

PROVIDED BY AN APPLICANT SHALL BE RETAINED BY THE RESPECTIVE

LICENSING AUTHORITY.

487.010. Results of investigation - decision of authorities.

(1) NOT LESS THAN FIVE DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING

AUTHORIZED IN SECTION 487.009, THE LOCAL LICENSING AUTHORITY

SHALL MAKE KNOWN ITS FINDINGS, BASED ON ITS INVESTIGATION, IN

WRITING TO THE APPLICANT AND OTHER PARTIES OF INTEREST. THE LOCAL

LICENSING AUTHORITY HAS AUTHORITY TO REFUSE TO ISSUE A LICENSE

PROVIDED FOR IN THIS SECTION FOR GOOD CAUSE, SUBJECT TO JUDICIAL

REVIEW

(2) BEFORE ENTERING A DECISION APPROVING OR DENYING THE

APPLICATION FOR A LOCAL LICENSE, THE LOCAL LICENSING AUTHORITY MAY

CONSIDER, EXCEPT WHERE THIS ACT SPECIFICALLY PROVIDES

OTHERWISE, THE FACTS AND EVIDENCE ADDUCED AS A RESULT OF ITS

INVESTIGATION, AS WELL AS ANY OTHER FACTS PERTINENT TO THE TYPE OF

LICENSE FOR WHICH APPLICATION HAS BEEN MADE, INCLUDING THE NUMBER,

TYPE, AND AVAILABILITY OF MEDICAL MARIHUANA OUTLETS LOCATED IN OR

NEAR THE PREMISES UNDER CONSIDERATION, AND ANY OTHER PERTINENT

MATTERS AFFECTING THE QUALIFICATIONS OF THE APPLICANT FOR THE

CONDUCT OF THE TYPE OF BUSINESS PROPOSED.

(3) WITHIN THIRTY DAYS AFTER THE PUBLIC HEARING OR

COMPLETION OF THE APPLICATION INVESTIGATION, A LOCAL LICENSING

AUTHORITY SHALL ISSUE ITS DECISION APPROVING OR DENYING AN

APPLICATION FOR LOCAL LICENSURE. THE DECISION SHALL BE IN WRITING

AND SHALL STATE THE REASONS FOR THE DECISION. THE LOCAL LICENSING

AUTHORITY SHALL SEND A COPY OF THE DECISION BY CERTIFIED MAIL TO THE

APPLICANT AT THE ADDRESS SHOWN IN THE APPLICATION.

(4) AFTER APPROVAL OF AN APPLICATION, A LOCAL LICENSING

AUTHORITY SHALL NOT ISSUE A LOCAL LICENSE UNTIL THE BUILDING IN

WHICH THE BUSINESS TO BE CONDUCTED IS READY FOR OCCUPANCY WITH

SUCH FURNITURE, FIXTURES, AND EQUIPMENT IN PLACE AS ARE NECESSARY

TO COMPLY WITH THE APPLICABLE PROVISIONS OF THIS ACT, AND THEN

ONLY AFTER THE LOCAL LICENSING AUTHORITY HAS INSPECTED THE

PREMISES TO DETERMINE THAT THE APPLICANT HAS COMPLIED WITH THE

ARCHITECT'S DRAWING AND THE PLOT PLAN AND DETAILED SKETCH FOR THE

INTERIOR OF THE BUILDING SUBMITTED WITH THE APPLICATION.

 (5) AFTER APPROVAL OF AN APPLICATION FOR LOCAL LICENSURE,

THE LOCAL LICENSING AUTHORITY SHALL NOTIFY THE STATE LICENSING

AUTHORITY OF SUCH APPROVAL, WHO SHALL INVESTIGATE AND EITHER

APPROVE OR DISAPPROVE THE APPLICATION FOR STATE LICENSURE.

487.011. Medical marihuana license bond. (1) BEFORE THE

STATE LICENSING AUTHORITY ISSUES A STATE LICENSE TO AN APPLICANT,

THE APPLICANT SHALL PROCURE AND FILE WITH THE STATE LICENSING

AUTHORITY EVIDENCE OF A GOOD AND SUFFICIENT BOND IN THE AMOUNT OF

TEN THOUSAND DOLLARS WITH CORPORATE SURETY THEREON DULY

LICENSED TO DO BUSINESS WITH THE STATE, APPROVED AS TO FORM BY THE

ATTORNEY GENERAL OF THE STATE, AND CONDITIONED THAT THE APPLICANT

SHALL REPORT AND PAY ALL SALES AND USE TAXES DUE TO THE STATE, OR

FOR WHICH THE STATE IS THE COLLECTOR OR COLLECTING AGENT, IN A

TIMELY MANNER, AS PROVIDED IN LAW.

(2) A CORPORATE SURETY SHALL NOT BE REQUIRED TO MAKE

PAYMENTS TO THE STATE CLAIMING UNDER SUCH BOND UNTIL A FINAL

DETERMINATION OF FAILURE TO PAY TAXES DUE TO THE STATE HAS BEEN

MADE BY THE STATE LICENSING AUTHORITY OR A COURT OF COMPETENT

JURISDICTION.

(3) ALL BONDS REQUIRED PURSUANT TO THIS SECTION SHALL BE

RENEWED AT SUCH TIME AS THE BONDHOLDERS LICENSE IS RENEWED. THE

RENEWAL MAY BE ACCOMPLISHED THROUGH A CONTINUATION CERTIFICATE

ISSUED BY THE SURETY.

487.012. State licensing authority - application and issuance

procedures. (1) APPLICATIONS FOR A STATE LICENSE UNDER THE

PROVISIONS OF THIS ACT SHALL BE MADE TO THE STATE LICENSING

AUTHORITY ON FORMS PREPARED AND FURNISHED BY THE STATE LICENSING

AUTHORITY AND SHALL SET FORTH SUCH INFORMATION AS THE STATE

LICENSING AUTHORITY MAY REQUIRE TO ENABLE THE STATE LICENSING

AUTHORITY TO DETERMINE WHETHER A STATE LICENSE SHOULD BE

GRANTED. THE INFORMATION SHALL INCLUDE THE NAME AND ADDRESS OF

THE APPLICANT, THE NAMES AND ADDRESSES OF THE OFFICERS, DIRECTORS,

OR MANAGERS, AND ALL OTHER INFORMATION DEEMED NECESSARY BY THE

STATE LICENSING AUTHORITY. EACH APPLICATION SHALL BE VERIFIED BY

THE OATH OR AFFIRMATION OF SUCH PERSON OR PERSONS AS THE STATE

LICENSING AUTHORITY MAY PRESCRIBE.

 (2) THE STATE LICENSING AUTHORITY SHALL NOT ISSUE A STATE

LICENSE PURSUANT TO THIS SECTION UNTIL THE LOCAL LICENSING

AUTHORITY HAS APPROVED THE APPLICATION FOR A LOCAL LICENSE AND

ISSUED A LOCAL LICENSE AS PROVIDED FOR IN SECTIONS 487.008 TO

487.011.

(3) NOTHING IN THIS ACT SHALL PREEMPT OR OTHERWISE IMPAIR

THE POWER OF A LOCAL GOVERNMENT TO ENACT ORDINANCES OR

RESOLUTIONS CONCERNING MATTERS AUTHORIZED TO LOCAL

GOVERNMENTS.

487.013. Denial of application. (1) THE STATE LICENSING

AUTHORITY SHALL DENY A STATE LICENSE IF THE PREMISES ON WHICH THE

APPLICANT PROPOSES TO CONDUCT ITS BUSINESS DO NOT MEET THE

REQUIREMENTS OF THIS ACT OR FOR REASONS SET FORTH IN SECTION

487.003(1)(c) OR 487.012.

(2) IF THE STATE LICENSING AUTHORITY DENIES A STATE LICENSE

PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE APPLICANT SHALL BE

ENTITLED TO A HEARING. THE

STATE LICENSING AUTHORITY SHALL PROVIDE WRITTEN NOTICE OF THE

GROUNDS FOR DENIAL OF THE STATE LICENSE TO THE APPLICANT AND TO THE

LOCAL LICENSING AUTHORITY AT LEAST FIFTEEN DAYS PRIOR TO THE

HEARING.

487.014. Persons prohibited as licensees. (1) (a) A LICENSE

PROVIDED BY THIS ACT SHALL NOT BE ISSUED TO OR HELD BY:

(I) A PERSON UNTIL THE ANNUAL FEE THEREFORE HAS BEEN PAID;

(II) A PERSON WHOSE CRIMINAL HISTORY INDICATES THAT HE OR SHE

HAS BEEN CONVICTED OF A FELONY, OR ANY CRIME THAT INVOLVES FRAUD OR PERJURY;

(III) A CORPORATION, IF THE CRIMINAL HISTORY OF ANY OF ITS

OFFICERS, DIRECTORS, OR MANAGERS INDICATES THAT THE OFFICER,

DIRECTOR, OR MANAGER HAS BEEN CONVICTED PER 487.014(III);

(IV) A LICENSED PHYSICIAN MAKING PATIENT RECOMMENDATIONS;

(V) A PERSON UNDER TWENTY-ONE YEARS OF AGE;

(VI) A PERSON LICENSED PURSUANT TO THIS ACT WHO, DURING

A PERIOD OF LICENSURE, OR WHO, AT THE TIME OF APPLICATION, HAS FAILED

TO:

(A) PROVIDE A SURETY BOND OR FILE ANY TAX RETURN WITH A

TAXING AGENCY;

(B) PAY ANY TAXES, INTEREST, OR PENALTIES DUE; OR

(C) REMEDY AN OUTSTANDING DELINQUENCY FOR TAXES OWED.

(VIII) A PERSON WHO HAS DISCHARGED A SENTENCE IN THE FIVE

YEARS IMMEDIATELY PRECEDING THE APPLICATION DATE FOR A CONVICTION

OF A FELONY OR A PERSON WHO AT ANY TIME HAS BEEN CONVICTED OF A

FELONY PURSUANT TO ANY STATE OR FEDERAL LAW REGARDING THE

POSSESSION, DISTRIBUTION, OR USE OF A CONTROLLED SUBSTANCE.

(IX) A PERSON WHO EMPLOYS ANOTHER PERSON AT A MEDICAL

MARIHUANA PREMISES WHO HAS NOT PASSED A CRIMINAL HISTORY RECORD

CHECK;

(X) A SHERIFF, DEPUTY SHERIFF, POLICE OFFICER, OR PROSECUTING

OFFICER, OR AN OFFICER OR EMPLOYEE OF THE STATE LICENSING AUTHORITY

OR A LOCAL LICENSING AUTHORITY;

 (XI) A PERSON WHOSE AUTHORITY TO BE A PRIMARY CAREGIVER

HAS BEEN REVOKED BY THE STATE HEALTH AGENCY;

(XII) A PERSON FOR A LICENSE FOR A LOCATION THAT IS CURRENTLY

LICENSED AS A RETAIL FOOD ESTABLISHMENT OR WHOLESALE FOOD

REGISTRANT; OR

(XIII) A PERSON WHO HAS NOT BEEN A RESIDENT OF TEXAS FOR

AT LEAST TWO YEARS PRIOR TO THE DATE OF THE PERSON'S APPLICATION;

(2) (a) IN INVESTIGATING THE QUALIFICATIONS OF AN APPLICANT OR

A LICENSEE, THE STATE LICENSING AUTHORITY MAY HAVE ACCESS TO

CRIMINAL HISTORY RECORD INFORMATION FURNISHED BY A CRIMINAL

JUSTICE AGENCY SUBJECT TO ANY RESTRICTIONS IMPOSED BY SUCH AGENCY.

IN THE EVENT THE STATE LICENSING AUTHORITY CONSIDERS THE

APPLICANT'S CRIMINAL HISTORY RECORD, THE STATE LICENSING AUTHORITY

SHALL ALSO CONSIDER ANY INFORMATION PROVIDED BY THE APPLICANT

REGARDING SUCH CRIMINAL HISTORY RECORD, INCLUDING BUT NOT LIMITED

TO EVIDENCE OF REHABILITATION, CHARACTER REFERENCES, AND

EDUCATIONAL ACHIEVEMENTS, ESPECIALLY THOSE ITEMS PERTAINING TO

THE PERIOD OF TIME BETWEEN THE APPLICANT'S LAST CRIMINAL CONVICTION

AND THE CONSIDERATION OF THE APPLICATION FOR A STATE LICENSE.

(b) AS USED IN PARAGRAPH (a) OF THIS SUBSECTION (2), "CRIMINAL

JUSTICE AGENCY" MEANS ANY FEDERAL, STATE, OR MUNICIPAL COURT OR

ANY GOVERNMENTAL AGENCY OR SUBUNIT OF SUCH AGENCY THAT

ADMINISTERS CRIMINAL JUSTICE PURSUANT TO A STATUTE OR EXECUTIVE

ORDER AND THAT ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET

TO THE ADMINISTRATION OF CRIMINAL JUSTICE.

(c) AT THE TIME OF FILING AN APPLICATION FOR ISSUANCE OR

RENEWAL OF A STATE LICENSED WELLNESS CENTER LICENSE, MEDICAL

MARIHUANA-INFUSED PRODUCT MANUFACTURER LICENSE, OR PREMISES CULTIVATION LICENSE, AN APPLICANT SHALL SUBMIT A SET OF HIS OR HER FINGERPRINTS AND FILE PERSONAL HISTORY INFORMATION CONCERNING THE APPLICANT'S QUALIFICATIONS FOR A STATE LICENSE ON FORMS PREPARED BY THE STATE LICENSING AUTHORITY. THE STATE

LICENSING AUTHORITY SHALL SUBMIT THE FINGERPRINTS TO THE TEXAS

BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING

FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE TEXAS

BUREAU OF INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE

FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING

FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE STATE

LICENSING AUTHORITY MAY ACQUIRE A NAME-BASED CRIMINAL HISTORY

RECORD CHECK FOR AN APPLICANT OR A LICENSE HOLDER WHO HAS TWICE

SUBMITTED TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK

AND WHOSE FINGERPRINTS ARE UNCLASSIFIABLE. AN APPLICANT WHO HAS

PREVIOUSLY SUBMITTED FINGERPRINTS FOR STATE LICENSING PURPOSES MAY

REQUEST THAT THE FINGERPRINTS ON FILE BE USED. THE STATE LICENSING

AUTHORITY SHALL USE THE INFORMATION RESULTING FROM THE

FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE

AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO HOLD A STATE

LICENSE PURSUANT TO THIS ACT. THE STATE LICENSING AUTHORITY

MAY VERIFY ANY OF THE INFORMATION AN APPLICANT IS REQUIRED TO

SUBMIT.

487.015. Restrictions for applications for new licenses.

(1) THE STATE OR A LOCAL LICENSING AUTHORITY SHALL NOT RECEIVE OR

ACT UPON AN APPLICATION FOR THE ISSUANCE OF A STATE OR LOCAL LICENSE

PURSUANT TO THIS ACT:

(a) UNTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,

ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE

UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR

POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE

PREMISES;

 (b) FOR A LOCATION IN AN AREA WHERE THE CULTIVATION,

MANUFACTURE, AND SALE OF MEDICAL MARIHUANA AS CONTEMPLATED IS

NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS OF THE

MUNICIPALITY, CITY AND COUNTY, OR COUNTY;

(c) (I) IF THE BUILDING IN WHICH MEDICAL MARIHUANA IS TO BE SOLD

IS LOCATED WITHIN ONE THOUSAND FEET OF A SCHOOL, AN ALCOHOL OR

DRUG TREATMENT FACILITY, OR THE PRINCIPAL CAMPUS OF A COLLEGE,

UNIVERSITY, OR SEMINARY, OR A RESIDENTIAL CHILD CARE FACILITY. THE

PROVISIONS OF THIS SECTION SHALL NOT AFFECT THE RENEWAL OR

RE-ISSUANCE OF A LICENSE ONCE GRANTED OR APPLY TO LICENSED PREMISES

LOCATED OR TO BE LOCATED ON LAND OWNED BY A MUNICIPALITY, NOR

SHALL THE PROVISIONS OF THIS SECTION APPLY TO AN EXISTING LICENSED

PREMISES ON LAND OWNED BY THE STATE, OR APPLY TO A LICENSE IN EFFECT

AND ACTIVELY DOING BUSINESS BEFORE SAID PRINCIPAL CAMPUS WAS

CONSTRUCTED. THE LOCAL LICENSING AUTHORITY OF A CITY AND COUNTY,

BY RULE OR REGULATION, THE GOVERNING BODY OF A MUNICIPALITY, BY

ORDINANCE, AND THE GOVERNING BODY OF A COUNTY, BY RESOLUTION, MAY

VARY THE DISTANCE RESTRICTIONS IMPOSED BY THIS SUBPARAGRAPH (I) FOR

A LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS, CAMPUSES,

OR FACILITIES FROM THE APPLICATION OF A DISTANCE RESTRICTION

ESTABLISHED BY OR PURSUANT TO THIS SUBPARAGRAPH (I).

(II) THE DISTANCES REFERRED TO IN THIS PARAGRAPH (d) ARE TO BE

COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE

OF THE LAND USED FOR A SCHOOL OR CAMPUS TO THE NEAREST PORTION OF

THE BUILDING IN WHICH MEDICAL MARIHUANA IS TO BE SOLD, USING A ROUTE

OF DIRECT PEDESTRIAN ACCESS.

(III) IN ADDITION TO THE REQUIREMENTS OF 487.010

(2), THE LOCAL LICENSING AUTHORITY SHALL CONSIDER THE EVIDENCE AND

MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE BUILDING IN WHICH

THE MEDICAL MARIHUANA IS TO BE SOLD IS LOCATED WITHIN ANY DISTANCE

RESTRICTIONS ESTABLISHED BY OR PURSUANT TO THIS PARAGRAPH (d).

487.016. Transfer of ownership. (1) A STATE OR LOCAL

LICENSE GRANTED UNDER THE PROVISIONS OF THIS ACT SHALL NOT BE

TRANSFERABLE EXCEPT AS PROVIDED IN THIS SECTION, BUT THIS SECTION

SHALL NOT PREVENT A CHANGE OF LOCATION AS PROVIDED IN 487.017(13).

 (2) FOR A TRANSFER OF OWNERSHIP, A LICENSE HOLDER SHALL APPLY

TO THE STATE AND LOCAL LICENSING AUTHORITIES ON FORMS PREPARED AND

FURNISHED BY THE STATE LICENSING AUTHORITY. IN DETERMINING

WHETHER TO PERMIT A TRANSFER OF OWNERSHIP, THE STATE AND LOCAL

LICENSING AUTHORITIES SHALL CONSIDER ONLY THE REQUIREMENTS OF THIS

ACT, ANY RULES PROMULGATED BY THE STATE LICENSING AUTHORITY,

AND ANY OTHER LOCAL RESTRICTIONS. THE LOCAL LICENSING AUTHORITY

MAY HOLD A HEARING ON THE APPLICATION FOR TRANSFER OF OWNERSHIP.

THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A HEARING PURSUANT

TO THIS SUBSECTION (2) UNTIL THE LOCAL LICENSING AUTHORITY HAS

POSTED A NOTICE OF HEARING IN THE MANNER DESCRIBED IN 487.009(2) ON THE LICENSED LICENSED WELLNESS CENTER PREMISES

FOR A PERIOD OF TEN DAYS AND HAS PROVIDED NOTICE OF THE HEARING TO

THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING. ANY TRANSFER

OF OWNERSHIP HEARING BY THE STATE LICENSING AUTHORITY SHALL BE

HELD IN COMPLIANCE WITH THE REQUIREMENTS SPECIFIED IN 487.009.

487.017. Licensing in general. (1) THIS ACT AUTHORIZES

A COUNTY, MUNICIPALITY, OR CITY AND COUNTY TO PROHIBIT THE

OPERATION OF LICENSED WELLNESS CENTERS, PREMISES

CULTIVATION OPERATIONS, AND MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURERS' LICENSES AND TO ENACT REASONABLE REGULATIONS OR

OTHER RESTRICTIONS APPLICABLE TO LICENSED WELLNESS CENTERS,

PREMISES CULTIVATION LICENSES, AND MEDICAL

MARIHUANA-INFUSED PRODUCTS MANUFACTURERS' LICENSES BASED ON

LOCAL GOVERNMENT ZONING, HEALTH, SAFETY, AND PUBLIC WELFARE LAWS

FOR THE DISTRIBUTION OF MEDICAL MARIHUANA THAT ARE MORE

RESTRICTIVE THAN THIS ACT.

(2) A LICENSED WELLNESS CENTER, PREMISES

CULTIVATION OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURER MAY NOT OPERATE UNTIL IT HAS BEEN LICENSED BY THE

LOCAL LICENSING AUTHORITY AND THE STATE LICENSING AUTHORITY

PURSUANT TO THIS ACT. IN CONNECTION WITH A LICENSE, THE

APPLICANT SHALL PROVIDE A COMPLETE AND ACCURATE LIST OF ALL

OWNERS, OFFICERS, AND EMPLOYEES WHO WORK AT, MANAGE, OWN, OR ARE

OTHERWISE ASSOCIATED WITH THE OPERATION AND SHALL PROVIDE A

COMPLETE AND ACCURATE APPLICATION AS REQUIRED BY THE STATE

LICENSING AUTHORITY.

 (3) A LICENSED WELLNESS CENTER, PREMISES

CULTIVATION OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURER SHALL NOTIFY THE STATE LICENSING AUTHORITY IN

WRITING WITHIN THIRTY DAYS AFTER AN OWNER, OFFICER, OR EMPLOYEE

CEASES TO WORK AT, MANAGE, OWN, OR OTHERWISE BE ASSOCIATED WITH

THE OPERATION. THE OWNER, OFFICER, OR EMPLOYEE SHALL SURRENDER HIS

OR HER IDENTIFICATION CARD TO THE STATE LICENSING AUTHORITY ON OR

BEFORE THE DATE OF THE NOTIFICATION.

(4) A LICENSED WELLNESS CENTER, PREMISES

CULTIVATION OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURER SHALL NOTIFY THE STATE LICENSING AUTHORITY IN

WRITING OF THE NAME, ADDRESS, AND DATE OF BIRTH OF AN OWNER,

OFFICER, MANAGER, OR EMPLOYEE BEFORE THE NEW OWNER, OFFICER, OR

EMPLOYEE BEGINS WORKING AT, MANAGING, OWNING, OR BEING ASSOCIATED

WITH THE OPERATION. THE OWNER, OFFICER, MANAGER, OR EMPLOYEE

SHALL PASS A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS

REQUIRED BY THE STATE LICENSING AUTHORITY AND OBTAIN THE REQUIRED

IDENTIFICATION PRIOR TO BEING ASSOCIATED WITH, MANAGING, OWNING, OR

WORKING AT THE OPERATION.

(5) A LICENSED WELLNESS CENTER, PREMISES

CULTIVATION OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURER SHALL NOT ACQUIRE, POSSESS, CULTIVATE, DELIVER,

TRANSFER, TRANSPORT, SUPPLY, OR DISPENSE MARIHUANA FOR ANY PURPOSE

EXCEPT TO ASSIST PATIENTS, AS DEFINED BY THIS ACT.

(6) ALL OWNERS, OFFICERS, MANAGERS, AND EMPLOYEES OF A

LICENSED WELLNESS CENTER, PREMISES CULTIVATION

OPERATION, OR MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURER

SHALL BE RESIDENTS OF TEXAS FOR THE PAST TWO YEARS FROM THE DATE OF APPLICATION. A LOCAL LICENSING AUTHORITY SHALL

NOT ISSUE A LICENSE PROVIDED FOR IN THIS ACT UNTIL THAT SHARE OF

THE LICENSE APPLICATION FEE DUE TO THE STATE HAS BEEN RECEIVED BY

THE STATE COMPTROLLER. ALL LICENSES GRANTED PURSUANT TO THIS

ACT SHALL BE VALID FOR A PERIOD OF TWO YEARS FROM

THE DATE OF ISSUANCE UNLESS REVOKED OR SUSPENDED PURSUANT TO THIS

ACT OR THE RULES PROMULGATED PURSUANT TO THIS ACT.

 (7) BEFORE GRANTING A LOCAL OR STATE LICENSE, THE RESPECTIVE

LICENSING AUTHORITY MAY CONSIDER, EXCEPT WHERE THIS ACT

SPECIFICALLY PROVIDES OTHERWISE, THE REQUIREMENTS OF THIS ACT

AND ANY RULES PROMULGATED PURSUANT TO THIS ACT, AND ALL OTHER

REASONABLE RESTRICTIONS THAT ARE OR MAY BE PLACED UPON THE

LICENSEE BY THE LICENSING AUTHORITY. WITH RESPECT TO A SECOND OR

ADDITIONAL LICENSE FOR THE SAME LICENSEE OR THE SAME OWNER OF

ANOTHER LICENSED BUSINESS PURSUANT TO THIS ACT, EACH SUBSEQUENT LICENSE SHALL BE REQUIRED TO BE COMPLY WITH THE PROVISIONS OF THIS ACT.

(8) (a) EACH LICENSE ISSUED UNDER THIS ACT IS SEPARATE AND

DISTINCT. IT IS UNLAWFUL FOR A PERSON TO EXERCISE ANY OF THE

PRIVILEGES GRANTED UNDER A LICENSE OTHER THAN THE LICENSE THAT THE

PERSON HOLDS OR FOR A LICENSEE TO ALLOW ANY OTHER PERSON TO

EXERCISE THE PRIVILEGES GRANTED UNDER THE LICENSEE'S LICENSE. A

SEPARATE LICENSE SHALL BE REQUIRED FOR EACH SPECIFIC BUSINESS OR

BUSINESS ENTITY AND EACH GEOGRAPHICAL LOCATION.

(b) AT ALL TIMES, A LICENSEE SHALL POSSESS AND MAINTAIN

POSSESSION OF THE PREMISES OR OPTIONAL PREMISES FOR WHICH THE

LICENSE IS ISSUED BY OWNERSHIP, LEASE, RENTAL, OR OTHER ARRANGEMENT

FOR POSSESSION OF THE PREMISES.

(9) (a) THE LICENSES PROVIDED PURSUANT TO THIS ACT SHALL

SPECIFY THE DATE OF ISSUANCE, THE PERIOD OF LICENSURE, THE NAME OF

THE LICENSEE, AND THE PREMISES OR OPTIONAL PREMISES LICENSED. THE

LICENSEE SHALL CONSPICUOUSLY PLACE THE LICENSE AT ALL TIMES ON THE

LICENSED PREMISES OR OPTIONAL PREMISES.

(b) A LOCAL LICENSING AUTHORITY SHALL NOT TRANSFER LOCATION

OF OR RENEW A LICENSE TO SELL MEDICAL MARIHUANA UNTIL THE APPLICANT

FOR THE LICENSE PRODUCES A LICENSE ISSUED AND GRANTED BY THE STATE

LICENSING AUTHORITY COVERING THE WHOLE PERIOD FOR WHICH A LICENSE

OR LICENSE RENEWAL IS SOUGHT.

(10) IN COMPUTING ANY PERIOD OF TIME PRESCRIBED BY THIS

ACT, THE DAY OF THE ACT, EVENT, OR DEFAULT FROM WHICH THE

DESIGNATED PERIOD OF TIME BEGINS TO RUN SHALL NOT BE INCLUDED.

SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS SHALL BE COUNTED AS ANY

OTHER DAY.

(11) A LICENSEE SHALL REPORT EACH MATERIAL TRANSFER OR CHANGE OF

FINANCIAL INTEREST IN THE LICENSE TO THE STATE AND LOCAL LICENSING

AUTHORITIES, THIRTY DAYS PRIOR TO ANY TRANSFER OR CHANGE PURSUANT

TO SECTION 487.016. A REPORT SHALL BE REQUIRED FOR TRANSFERS OF

CAPITAL STOCK OF ANY CORPORATION REGARDLESS OF SIZE.

(12) EACH LICENSEE SHALL MANAGE THE LICENSED PREMISES

HIMSELF OR HERSELF OR EMPLOY A SEPARATE AND DISTINCT MANAGER ON

THE PREMISES AND SHALL REPORT THE NAME OF THE MANAGER TO THE

STATE AND LOCAL LICENSING AUTHORITIES.

(13) (a) A LICENSEE MAY MOVE HIS OR HER PERMANENT LOCATION

TO ANY OTHER PLACE IN THE SAME MUNICIPALITY OR CITY AND COUNTY FOR

WHICH THE LICENSE WAS ORIGINALLY GRANTED, OR IN THE SAME COUNTY IF

THE LICENSE WAS GRANTED FOR A PLACE OUTSIDE THE CORPORATE LIMITS

OF A MUNICIPALITY OR CITY AND COUNTY, BUT IT SHALL BE UNLAWFUL TO

CULTIVATE, MANUFACTURE, DISTRIBUTE OR SELL MEDICAL MARIHUANA AT

ANY SUCH PLACE UNTIL PERMISSION TO DO SO IS GRANTED BY THE STATE

AND LOCAL LICENSING AUTHORITIES PROVIDED FOR IN THIS ACT.

(b) IN PERMITTING A CHANGE OF LOCATION, THE STATE AND LOCAL

LICENSING AUTHORITIES SHALL CONSIDER ALL REASONABLE RESTRICTIONS

THAT ARE OR MAY BE PLACED UPON THE NEW LOCATION BY THE GOVERNING

BOARD OR LOCAL LICENSING AUTHORITY OF THE MUNICIPALITY, CITY AND

COUNTY, OR COUNTY AND ANY SUCH CHANGE IN LOCATION SHALL BE IN

ACCORDANCE WITH ALL REQUIREMENTS OF THIS ACT AND RULES

PROMULGATED PURSUANT TO THIS ACT.

(14) THE LOCATION OF A PREMISES CULTIVATION

OPERATION OR OPTIONAL PREMISES SHALL BE A

CONFIDENTIAL RECORD AND SHALL BE EXEMPT FROM THE TEXAS PUBLIC INFORMATION ACT. STATE AND LOCAL LICENSING AUTHORITIES SHALL KEEP THE

LOCATION OF A PREMISES CULTIVATION OPERATION AND/OR OPTIONAL PREMISES

CONFIDENTIAL AND SHALL REDACT THE LOCATION FROM ALL PUBLIC

RECORDS. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,

A STATE OR LOCAL LICENSING AGENCY MAY SHARE INFORMATION

REGARDING THE LOCATION OF A PREMISES CULTIVATION

OPERATION OR OPTIONAL PREMISES WITH A PEACE OFFICER OR A LAW ENFORCEMENT AGENCY.

487.018. License renewal. (1) NINETY DAYS PRIOR TO THE

EXPIRATION DATE OF AN EXISTING LICENSE, THE STATE LICENSING

AUTHORITY SHALL NOTIFY THE LICENSEE OF THE EXPIRATION DATE BY FIRST

CLASS MAIL AT THE LICENSEES ADDRESS OF RECORD WITH THE STATE

LICENSING AUTHORITY. A LICENSEE SHALL APPLY FOR THE RENEWAL OF AN

EXISTING LICENSE TO THE LOCAL LICENSING AUTHORITY NOT LESS THAN

FORTY-FIVE DAYS AND TO THE STATE LICENSING AUTHORITY NOT LESS THAN

THIRTY DAYS PRIOR TO THE DATE OF EXPIRATION. A LOCAL LICENSING

AUTHORITY SHALL NOT ACCEPT AN APPLICATION FOR RENEWAL OF A LICENSE

AFTER THE DATE OF EXPIRATION, EXCEPT AS PROVIDED IN SUBSECTION (2) OF

THIS SECTION. THE STATE LICENSING AUTHORITY MAY EXTEND THE

EXPIRATION DATE OF THE LICENSE AND ACCEPT A LATE APPLICATION FOR

RENEWAL OF A LICENSE PROVIDED THAT THE APPLICANT HAS FILED A TIMELY

RENEWAL APPLICATION WITH THE LOCAL LICENSING AUTHORITY. ALL

RENEWALS FILED WITH THE LOCAL LICENSING AUTHORITY AND

SUBSEQUENTLY APPROVED BY THE LOCAL LICENSING AUTHORITY SHALL

NEXT BE PROCESSED BY THE STATE LICENSING AUTHORITY. THE STATE OR

THE LOCAL LICENSING AUTHORITY, IN ITS DISCRETION, SUBJECT TO THE

REQUIREMENTS OF THIS SUBSECTION (1) AND SUBSECTION (2) OF THIS

SECTION AND BASED UPON REASONABLE GROUNDS, MAY WAIVE THE

FORTY-FIVE-DAY OR THIRTY-DAY TIME REQUIREMENTS SET FORTH IN THIS

SUBSECTION (1). THE LOCAL LICENSING AUTHORITY MAY HOLD A HEARING

ON THE APPLICATION FOR RENEWAL ONLY IF THE LICENSEE HAS HAD

A HISTORY OF VIOLATIONS, OR THERE

ARE ALLEGATIONS AGAINST THE LICENSEE THAT WOULD CONSTITUTE GOOD

CAUSE. THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A RENEWAL

HEARING PROVIDED FOR BY THIS SUBSECTION (1) FOR A MEDICAL MARIHUANA

CENTER UNTIL IT HAS POSTED A NOTICE OF HEARING ON THE LICENSED

LICENSED WELLNESS CENTER PREMISES IN THE MANNER DESCRIBED IN

SECTION 487.009(2) FOR A PERIOD OF TEN DAYS AND PROVIDED NOTICE

TO THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING. THE LOCAL

LICENSING AUTHORITY MAY REFUSE TO RENEW ANY LICENSE FOR GOOD

CAUSE, SUBJECT TO JUDICIAL REVIEW.

(2) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF

THIS SECTION, A LICENSEE WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE

THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE

PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED

DOLLARS TO THE LOCAL LICENSING AUTHORITY. A LICENSEE WHO FILES A

LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE

TO OPERATE UNTIL BOTH THE STATE AND LOCAL LICENSING AUTHORITIES

HAVE TAKEN FINAL ACTION TO APPROVE OR DENY THE LICENSEE'S LATE

RENEWAL APPLICATION UNLESS THE STATE OR LOCAL LICENSING AUTHORITY

SUMMARILY SUSPENDS THE LICENSE PURSUANT TO THIS ACT, AND RULES PROMULGATED PURSUANT TO THIS ACT

(b) THE STATE AND LOCAL LICENSING AUTHORITIES MAY NOT ACCEPT

A LATE RENEWAL APPLICATION MORE THAN NINETY DAYS AFTER THE

EXPIRATION OF A LICENSEE'S PERMANENT LICENSE. A LICENSEE

WHOSE PERMANENT LICENSE HAS BEEN EXPIRED FOR MORE THAN

NINETY DAYS SHALL NOT CULTIVATE, MANUFACTURE, DISTRIBUTE, OR SELL

ANY MEDICAL MARIHUANA UNTIL ALL REQUIRED LICENSES HAVE BEEN

OBTAINED. NOTWITHSTANDING THE FOREGOING, ANY PLANTS CURRENTLY BEING CULTIVATED MAY CONTINUE CULTIVATION UNTIL FINAL DISPOSITION OF THE RENEWAL APPLICATION.

487.019. Inactive licenses. THE STATE OR LOCAL LICENSING

AUTHORITY, IN ITS DISCRETION, MAY REVOKE OR ELECT NOT TO RENEW ANY

LICENSE IF IT DETERMINES THAT THE LICENSED PREMISES HAVE BEEN

INACTIVE, WITHOUT GOOD CAUSE, FOR AT LEAST ONE YEAR.

487.020. Unlawful financial assistance. (1) THE STATE

LICENSING AUTHORITY, BY RULE AND REGULATION, SHALL REQUIRE A

COMPLETE DISCLOSURE OF ALL PERSONS HAVING A DIRECT OR INDIRECT

FINANCIAL INTEREST, AND THE EXTENT OF SUCH INTEREST, IN EACH LICENSE

ISSUED UNDER THIS ACT.

(2) A PERSON SHALL NOT HAVE AN UNREPORTED FINANCIAL

INTEREST IN A LICENSE PURSUANT TO THIS ACT UNLESS THAT PERSON

HAS UNDERGONE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK

AS PROVIDED FOR BY THE STATE LICENSING AUTHORITY IN ITS RULES;

EXCEPT THAT THIS SUBSECTION (2) SHALL NOT APPLY TO (i) BANKS, SAVINGS

AND LOAN ASSOCIATIONS, OR (ii) INDUSTRIAL BANKS SUPERVISED AND

REGULATED BY AN AGENCY OF THE STATE OR FEDERAL GOVERNMENT, OR (iii) TO

FHA-APPROVED MORTGAGEES, OR (iv) LICENSEE’S STOCKHOLDERS, DIRECTORS, OR

OFFICERS.

(3) THIS SECTION IS INTENDED TO PROHIBIT AND PREVENT THE

CONTROL OF THE OUTLETS FOR THE SALE OF MEDICAL MARIHUANA BY A

PERSON OR PARTY OTHER THAN THE PERSONS LICENSED PURSUANT TO THE

PROVISIONS OF THIS ACT.

 

SUBCHAPTER D.

LICENSE TYPES

487.021. Classes of licenses. (1) FOR THE PURPOSE OF

REGULATING THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE

OF MEDICAL MARIHUANA, THE STATE LICENSING AUTHORITY IN ITS

DISCRETION, UPON APPLICATION IN THE PRESCRIBED FORM MADE TO IT, MAY

ISSUE AND GRANT TO THE APPLICANT A LICENSE FROM ANY OF THE

FOLLOWING CLASSES, SUBJECT TO THE PROVISIONS AND RESTRICTIONS

PROVIDED BY THIS ACT:

(a) LICENSED WELLNESS CENTER LICENSE WITH OR WITHOUT AN OPTIONAL PREMISES;

(b) PREMISES CULTIVATION LICENSE;

(c) MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING

LICENSE WITH OR WITHOUT AN OPTIONAL PREMISES; AND

(d) OCCUPATIONAL LICENSES AND REGISTRATIONS FOR OWNERS,

MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND OTHER SUPPORT

STAFF EMPLOYED BY, WORKING IN, OR HAVING ACCESS TO RESTRICTED

AREAS OF THE LICENSED PREMISES, AS DETERMINED BY THE STATE

LICENSING AUTHORITY. THE STATE LICENSING AUTHORITY MAY TAKE ANY

ACTION WITH RESPECT TO A REGISTRATION PURSUANT TO THIS ACT AS

IT MAY WITH RESPECT TO A LICENSE PURSUANT TO THIS ACT, IN

ACCORDANCE WITH THE PROCEDURES ESTABLISHED PURSUANT TO THIS

ACT.

(2) ALL PERSONS LICENSED PURSUANT TO THIS ACT SHALL

COLLECT SALES TAX ON ALL SALES MADE PURSUANT TO THE LICENSING

ACTIVITIES.

(3) A STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN

MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ACT FOR THE

OPERATION OF A LICENSED BUSINESS.

487.022. Licensed Wellness Center license. (1) A MEDICAL

MARIHUANA CENTER LICENSE SHALL BE ISSUED ONLY TO A PERSON SELLING

MEDICAL MARIHUANA PURSUANT TO THE TERMS AND CONDITIONS OF THIS

ACT.

(2) (a) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A

LICENSED WELLNESS CENTER LICENSEE MAY ALSO SELL MEDICAL

MARIHUANA-INFUSED PRODUCTS THAT ARE PREPACKAGED AND LABELED SO

AS TO CLEARLY INDICATE ALL OF THE FOLLOWING:

(I) THAT THE PRODUCT CONTAINS MEDICAL MARIHUANA;

(II) THAT THE PRODUCT IS MANUFACTURED WITHOUT ANY

REGULATORY OVERSIGHT FOR HEALTH, SAFETY, OR EFFICACY; AND

(III) THAT THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE

CONSUMPTION OR USE OF THE PRODUCT.

(b) A MEDICAL MARIHUANA LICENSEE MAY CONTRACT WITH A

MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE FOR

THE MANUFACTURE OF MEDICAL MARIHUANA-INFUSED PRODUCTS UPON A

MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE'S

LICENSED PREMISES.

(3) EVERY LICENSEE SELLING MEDICAL MARIHUANA AS PROVIDED FOR

IN THIS ACT SHALL SELL ONLY MEDICAL MARIHUANA EITHER GROWN IN ITS

OPTIONAL PREMISES LICENSED PURSUANT TO THIS

ACT, OR FROM A LICENSEE OF A PREMISES CULTIVATION OPERATION. THE PROVISIONS OF THIS SUBSECTION (3) SHALL ALSO APPLY TO

MEDICAL MARIHUANA-INFUSED PRODUCTS.

(4) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (3) OF

THIS SECTION TO THE CONTRARY, A LICENSED WELLNESS CENTER MAY

PURCHASE NOT MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND

INVENTORY OF MEDICAL MARIHUANA FROM ANOTHER LICENSED WELLNESS CENTER IN TEXAS. A LICENSED WELLNESS CENTER MAY SELL NO MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND INVENTORY TO ANOTHER TEXAS LICENSED WELLNESS CENTER OR MEDICAL MARIHUANA-INFUSED PRODUCT MANUFACTURER

(5) PRIOR TO INITIATING A SALE, THE EMPLOYEE OF THE MEDICAL

MARIHUANA CENTER MAKING THE SALE SHALL VERIFY THAT THE PURCHASER

HAS A VALID REGISTRATION CARD ISSUED PURSUANT TO THIS ACT,

AND A VALID PICTURE IDENTIFICATION CARD THAT MATCHES THE

NAME ON THE REGISTRATION CARD.

(6) A LICENSED WELLNESS CENTER MAY OPERATE A LABORATORY TO TEST SAMPLES OF THE MEDICAL MARIHUANA TO BE SOLD AT ITS PREMISES FOR QUALITY PURPOSES.

(7) ALL MEDICAL MARIHUANA SOLD AT A LICENSED MEDICAL

MARIHUANA CENTER SHALL BE LABELED WITH A LIST OF ALL CHEMICAL

ADDITIVES, INCLUDING BUT NOT LIMITED TO NONORGANIC PESTICIDES,

HERBICIDES, AND FERTILIZERS, THAT WERE USED IN THE CULTIVATION AND

THE PRODUCTION OF THE MEDICAL MARIHUANA.

487.023. Premises cultivation license. A

PREMISES CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PERSON

LICENSED PURSUANT TO SECTIONS 487.008 AND 487.021 WHO

GROWS AND CULTIVATES MEDICAL MARIHUANA WITHIN TEXAS FOR THE SOLE PURPOSE OF SELLING MEDICAL MARIJUANA PLANTS TO A

LICENSED WELLNESS CENTER OR A MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURING PREMISES

487.024. Medical marihuana-infused products

manufacturing license. (1) A MEDICAL MARIHUANA-INFUSED PRODUCTS

MANUFACTURING LICENSE MAY BE ISSUED TO A PERSON WHO

MANUFACTURES MEDICAL MARIHUANA-INFUSED PRODUCTS, PURSUANT TO

THE TERMS AND CONDITIONS OF THIS ACT.

(2) MEDICAL MARIHUANA-INFUSED PRODUCTS SHALL BE PREPARED

ON A LICENSED PREMISES THAT IS USED EXCLUSIVELY FOR THE

MANUFACTURE AND PREPARATION OF MEDICAL MARIHUANA-INFUSED

PRODUCTS AND USING EQUIPMENT THAT IS USED EXCLUSIVELY FOR THE

MANUFACTURE AND PREPARATION OF MEDICAL MARIHUANA-INFUSED

PRODUCTS.

(3) A MEDICAL MARIHUANA-INFUSED PRODUCTS LICENSEE SHALL

HAVE A WRITTEN AGREEMENT OR CONTRACT WITH A LICENSED WELLNESS CENTER PREMISES CULTIVATION OPERATION, FOR ALL MEDICAL MARIHUANA PURCHASED FROM SUCH FACILITY. THE MEDICAL

MARIHUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE MAY SELL ITS

PRODUCTS TO ANY LICENSED WELLNESS CENTER.

(4) ALL LICENSED PREMISES ON WHICH MEDICAL

MARIHUANA-INFUSED PRODUCTS ARE MANUFACTURED SHALL MEET THE

SANITARY STANDARDS FOR MEDICAL MARIHUANA-INFUSED PRODUCT

PREPARATION PROMULGATED PURSUANT TO SECTION 487.007(2)(a)(XII).

(5) THE MEDICAL MARIHUANA-INFUSED PRODUCT SHALL BE SEALED

AND CONSPICUOUSLY LABELED IN COMPLIANCE WITH THIS ACT AND ANY

RULES PROMULGATED PURSUANT TO THIS ACT.

(6) MEDICAL MARIHUANA-INFUSED PRODUCTS MAY NOT BE

CONSUMED ON A PREMISES LICENSED PURSUANT TO THIS ACT.

(7) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW, SALES

OF MEDICAL MARIHUANA-INFUSED PRODUCTS SHALL NOT BE EXEMPT FROM

STATE OR LOCAL SALES TAX.

(8) A MEDICAL MARIHUANA-INFUSED PRODUCTS LICENSEE THAT HAS

A PREMISES CULTIVATION LICENSE SHALL NOT SELL ANY OF THE

MEDICAL MARIHUANA THAT IT CULTIVATES

 

SUBCHAPTER E.

FEES/TAXES

487.025. Medical marihuana license cash fund. (a)THE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR

PROCESSING THE FOLLOWING TYPES OF APPLICATIONS, LICENSES, NOTICES,

OR REPORTS REQUIRED TO BE SUBMITTED TO THE STATE LICENSING

AUTHORITY:

(I) APPLICATIONS FOR LICENSES LISTED IN SECTION 487.021 AND

RULES PROMULGATED PURSUANT TO THAT SECTION;

(II) APPLICATIONS TO CHANGE LOCATION PURSUANT TO SECTION

487.017 AND RULES PROMULGATED PURSUANT TO THAT SECTION;

(III) APPLICATIONS FOR TRANSFER OF OWNERSHIP PURSUANT TO

SECTION 487.017 AND RULES PROMULGATED PURSUANT TO THAT

SECTION;

(IV) LICENSE RENEWAL AND EXPIRED LICENSE RENEWAL

APPLICATIONS PURSUANT TO SECTION 487.018; AND

(V) LICENSES AS LISTED IN SECTION 487.021.

(b) THE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS

LICENSED UNDER THIS ACT A FEE FOR THE COST OF EACH FINGERPRINT

ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN TO QUALIFY NEW

OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.

(c) AT LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL

REVIEW THE AMOUNTS OF THE FEES AND, IF NECESSARY, ADJUST THE

AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE

LICENSING AUTHORITY.

(d)  THE STATE LICENSING AUTHORITY SHALL ESTABLISH THE STATE-WIDE SALES TAX ON THE SALES OF MEDICAL MARIHUANA, BUT SUCH TAX AMOUNTS SHALL NOT EXCEED TEN PERCENT OF THE GROSS SALE PRICE.

487.026. Local license fees. (1) EACH APPLICATION FOR A

LOCAL LICENSE PROVIDED FOR IN THIS ACT FILED WITH A LOCAL

LICENSING AUTHORITY SHALL BE ACCOMPANIED BY AN APPLICATION FEE IN

AN AMOUNT DETERMINED BY THE LOCAL LICENSING AUTHORITY.

(2) LICENSE FEES AS DETERMINED BY THE LOCAL LICENSING

AUTHORITY SHALL BE PAID TO THE TREASURER OF THE MUNICIPALITY, CITY

AND COUNTY, OR COUNTY WHERE THE LICENSED PREMISES IS LOCATED IN

ADVANCE OF THE APPROVAL, DENIAL, OR RENEWAL OF THE LICENSE.

 

SUBCHAPTER F.

DISCIPLINARY ACTIONS

487.028. Suspension - revocation - fines. (1) IN ADDITION TO

ANY OTHER SANCTIONS PRESCRIBED BY THIS ACT OR RULES

PROMULGATED PURSUANT TO THIS ACT, THE STATE LICENSING

AUTHORITY OR A LOCAL LICENSING AUTHORITY HAS THE POWER, ON ITS OWN

MOTION OR ON COMPLAINT, AFTER INVESTIGATION AND OPPORTUNITY FOR

A PUBLIC HEARING AT WHICH THE LICENSEE SHALL BE AFFORDED AN

OPPORTUNITY TO BE HEARD, TO SUSPEND OR REVOKE A LICENSE ISSUED BY

THE RESPECTIVE AUTHORITY FOR A VIOLATION BY THE LICENSEE OR BY ANY

OF THE AGENTS OR EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS

ACT, OR ANY OF THE RULES PROMULGATED PURSUANT TO THIS ACT,

OR OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE

ISSUED BY THE STATE OR LOCAL LICENSING AUTHORITY. THE STATE

LICENSING AUTHORITY OR A LOCAL LICENSING AUTHORITY HAS THE POWER

TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF

PERSONS AND THE PRODUCTION OF PAPERS, BOOKS, AND RECORDS

NECESSARY TO THE DETERMINATION OF A HEARING THAT THE STATE OR

LOCAL LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT.

(2) THE STATE OR LOCAL LICENSING AUTHORITY SHALL PROVIDE

NOTICE OF SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL

AS THE REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION (1) OF

THIS SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE

ADDRESS CONTAINED IN THE LICENSE. EXCEPT IN THE CASE OF A SUMMARY

SUSPENSION, A SUSPENSION SHALL NOT BE FOR A LONGER PERIOD THAN SIX

MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED, A PART OF THE FEES PAID

THEREFORE SHALL NOT BE RETURNED TO THE LICENSEE.  EACH

PATIENT REGISTERED WITH A LICENSED WELLNESS CENTER THAT HAS HAD

ITS LICENSE SUMMARILY SUSPENDED MAY IMMEDIATELY TRANSFER HIS OR

HER PRIMARY CENTER TO ANOTHER LICENSED WELLNESS CENTER.

(3) (a) WHENEVER A DECISION OF THE STATE LICENSING AUTHORITY

OR A LOCAL LICENSING AUTHORITY SUSPENDING A LICENSE FOR FOURTEEN

DAYS OR LESS BECOMES FINAL, THE LICENSEE MAY, BEFORE THE OPERATIVE

DATE OF THE SUSPENSION, PETITION FOR PERMISSION TO PAY A FINE IN LIEU

OF HAVING THE LICENSE SUSPENDED FOR ALL OR PART OF THE SUSPENSION

PERIOD. UPON THE RECEIPT OF THE PETITION, THE STATE OR LOCAL

LICENSING AUTHORITY MAY, IN ITS SOLE DISCRETION, STAY THE PROPOSED

SUSPENSION AND CAUSE ANY INVESTIGATION TO BE MADE WHICH IT DEEMS

DESIRABLE AND MAY, IN ITS SOLE DISCRETION, GRANT THE PETITION IF THE

STATE OR LOCAL LICENSING AUTHORITY IS SATISFIED THAT:

(I) THE PUBLIC WELFARE AND MORALS WOULD NOT BE IMPAIRED BY

PERMITTING THE LICENSEE TO OPERATE DURING THE PERIOD SET FOR

SUSPENSION AND THAT THE PAYMENT OF THE FINE WILL ACHIEVE THE

DESIRED DISCIPLINARY PURPOSES;

(II) THE BOOKS AND RECORDS OF THE LICENSEE ARE KEPT IN SUCH

A MANNER THAT THE LOSS OF SALES THAT THE LICENSEE WOULD HAVE

SUFFERED HAD THE SUSPENSION GONE INTO EFFECT CAN BE DETERMINED

WITH REASONABLE ACCURACY; AND

(III) THE LICENSEE HAS NOT HAD HIS OR HER LICENSE SUSPENDED OR

REVOKED, NOR HAD ANY SUSPENSION STAYED BY PAYMENT OF A FINE,

DURING THE TWO YEARS IMMEDIATELY PRECEDING THE DATE OF THE MOTION

OR COMPLAINT THAT RESULTED IN A FINAL DECISION TO SUSPEND THE

LICENSE OR PERMIT.

(b) THE FINE ACCEPTED SHALL BE NOT LESS THAN FIVE HUNDRED

DOLLARS NOR MORE THAN ONE HUNDRED THOUSAND DOLLARS.

(c) PAYMENT OF A FINE PURSUANT TO THE PROVISIONS OF THIS

SUBSECTION (3) SHALL BE IN THE FORM OF CASH OR IN THE FORM OF A

CERTIFIED CHECK OR CASHIER'S CHECK MADE PAYABLE TO THE STATE OR

LOCAL LICENSING AUTHORITY, WHICHEVER IS APPROPRIATE.

(4) UPON PAYMENT OF THE FINE PURSUANT TO SUBSECTION (3) OF

THIS SECTION, THE STATE OR LOCAL LICENSING AUTHORITY SHALL ENTER ITS

FURTHER ORDER PERMANENTLY STAYING THE IMPOSITION OF THE

SUSPENSION. IF THE FINE IS PAID TO A LOCAL LICENSING AUTHORITY, THE

GOVERNING BODY OF THE AUTHORITY SHALL CAUSE THE MONEYS TO BE PAID

INTO THE GENERAL FUND OF THE LOCAL LICENSING AUTHORITY.

 (5) IN CONNECTION WITH A PETITION PURSUANT TO SUBSECTION (3)

OF THIS SECTION, THE AUTHORITY OF THE STATE OR LOCAL LICENSING

AUTHORITY IS LIMITED TO THE GRANTING OF SUCH STAYS AS ARE NECESSARY

FOR THE AUTHORITY TO COMPLETE ITS INVESTIGATION AND MAKE ITS

FINDINGS AND, IF THE AUTHORITY MAKES SUCH FINDINGS, TO THE GRANTING

OF AN ORDER PERMANENTLY STAYING THE IMPOSITION OF THE ENTIRE

SUSPENSION OR THAT PORTION OF THE SUSPENSION NOT OTHERWISE

CONDITIONALLY STAYED.

(6) IF THE STATE OR LOCAL LICENSING AUTHORITY DOES NOT MAKE

THE FINDINGS REQUIRED IN PARAGRAPH (a) OF SUBSECTION (3) OF THIS

SECTION AND DOES NOT ORDER THE SUSPENSION PERMANENTLY STAYED, THE

SUSPENSION SHALL GO INTO EFFECT ON THE OPERATIVE DATE FINALLY SET

BY THE STATE OR LOCAL LICENSING AUTHORITY.

 

 

SUBCHAPTER G.

INSPECTION OF BOOKS AND RECORDS

487.029. Inspection procedures. (1) EACH LICENSEE SHALL

KEEP A COMPLETE SET OF ALL RECORDS NECESSARY TO SHOW FULLY THE

BUSINESS TRANSACTIONS OF THE LICENSEE, ALL OF WHICH SHALL BE OPEN

AT ALL TIMES DURING BUSINESS HOURS FOR THE INSPECTION AND

EXAMINATION OF THE STATE LICENSING AUTHORITY OR ITS DULY

AUTHORIZED REPRESENTATIVES. THE STATE LICENSING AUTHORITY MAY

REQUIRE ANY LICENSEE TO FURNISH SUCH INFORMATION AS IT CONSIDERS

NECESSARY FOR THE PROPER ADMINISTRATION OF THIS ACT AND MAY

REQUIRE AN AUDIT TO BE MADE OF THE BOOKS OF ACCOUNT AND RECORDS

ON SUCH OCCASIONS AS IT MAY CONSIDER NECESSARY BY AN AUDITOR TO BE

SELECTED BY THE STATE LICENSING AUTHORITY WHO SHALL LIKEWISE HAVE

ACCESS TO ALL BOOKS AND RECORDS OF THE LICENSEE, AND THE EXPENSE

THEREOF SHALL BE PAID BY THE LICENSEE.

(2) THE LICENSED PREMISES, INCLUDING ANY PLACES OF STORAGE

WHERE MEDICAL MARIHUANA IS GROWN, STORED, CULTIVATED, SOLD, OR

DISPENSED, SHALL BE SUBJECT TO INSPECTION BY THE STATE OR LOCAL

LICENSING AUTHORITIES AND THEIR INVESTIGATORS, DURING ALL BUSINESS

HOURS AND OTHER TIMES OF APPARENT ACTIVITY, FOR THE PURPOSE OF

INSPECTION OR INVESTIGATION. FOR EXAMINATION OF ANY INVENTORY OR

BOOKS AND RECORDS REQUIRED TO BE KEPT BY THE LICENSEES, ACCESS

SHALL BE REQUIRED DURING BUSINESS HOURS. WHERE ANY PART OF THE

LICENSED PREMISES CONSISTS OF A LOCKED AREA, UPON DEMAND TO THE

LICENSEE, SUCH AREA SHALL BE MADE AVAILABLE FOR INSPECTION WITHOUT

DELAY, AND, UPON REQUEST BY AUTHORIZED REPRESENTATIVES OF THE

STATE OR LOCAL LICENSING AUTHORITY, THE LICENSEE SHALL OPEN THE

AREA FOR INSPECTION.

(3) EACH LICENSEE SHALL RETAIN ALL BOOKS AND RECORDS

NECESSARY TO SHOW FULLY THE BUSINESS TRANSACTIONS OF THE LICENSEE

FOR A PERIOD OF THE CURRENT TAX YEAR AND THE THREE IMMEDIATELY

PRIOR TAX YEARS.

 

SUBCHAPTER H.

JUDICIAL REVIEW

487.030. Judicial review. DECISIONS BY THE STATE LICENSING

AUTHORITY OR A LOCAL LICENSING AUTHORITY SHALL BE SUBJECT TO

JUDICIAL REVIEW PURSUANT.

 

 

SUBCHAPTER I.

UNLAWFUL ACTS - ENFORCEMENT

487.031. Unlawful acts - exceptions. (1) EXCEPT AS

OTHERWISE PROVIDED IN THIS ACT, IT IS UNLAWFUL FOR A PERSON:

(a) TO CONSUME MEDICAL MARIHUANA IN A LICENSED WELLNESS

CENTER, AND IT SHALL BE UNLAWFUL FOR A LICENSED WELLNESS CENTER TO ALLOW MEDICAL MARIHUANA TO BE CONSUMED

UPON ITS LICENSED PREMISES;

 (b) WITH KNOWLEDGE, TO PERMIT OR FAIL TO PREVENT THE USE OF

HIS OR HER REGISTRY IDENTIFICATION BY ANY OTHER PERSON FOR THE

UNLAWFUL PURCHASING OF MEDICAL MARIHUANA; OR

(c) TO CONTINUE OPERATING A BUSINESS FOR THE PURPOSE OF

CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIHUANA OR

MEDICAL MARIHUANA-INFUSED PRODUCTS WITHOUT FILING THE FORMS AND

PAYING THE FEE AS DESCRIBED IN THIS ACT.

(d) TO CONTINUE OPERATING A BUSINESS FOR THE PURPOSE OF

CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIHUANA OR

MEDICAL MARIHUANA-INFUSED PRODUCTS WITHOUT SATISFYING THE

CONDITIONS OF THIS ACT.

(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE

AWAY, OR ACQUIRE MEDICAL MARIHUANA EXCEPT AS ALLOWED PURSUANT

TO THIS ACT.

(3) IT IS UNLAWFUL FOR A PERSON LICENSED PURSUANT TO THIS

ACT:

(a) TO BE WITHIN A LIMITED-ACCESS AREA UNLESS THE PERSON'S

LICENSE BADGE IS DISPLAYED AS REQUIRED BY THIS ACT, EXCEPT AS

PROVIDED IN SECTION 487.029;

(b) TO FAIL TO DESIGNATE AREAS OF INGRESS AND EGRESS FOR

LIMITED-ACCESS AREAS AND POST SIGNS IN CONSPICUOUS LOCATIONS AS

REQUIRED BY THIS ACT;

(c) TO FAIL TO REPORT A TRANSFER REQUIRED BY SECTION

487.017(11); OR

(d) TO FAIL TO REPORT THE NAME OF OR A CHANGE IN MANAGERS AS

REQUIRED BY SECTION 487.017(12); 

(4) IT IS UNLAWFUL FOR ANY PERSON LICENSED TO SELL MEDICAL

MARIHUANA PURSUANT TO THIS ACT:

(a) TO DISPLAY ANY SIGNS THAT ARE INCONSISTENT WITH LOCAL

LAWS OR REGULATIONS;

 (b) TO USE ADVERTISING MATERIAL THAT IS MISLEADING,

DECEPTIVE, OR FALSE, OR THAT IS DESIGNED TO APPEAL TO MINORS;

(c) TO PROVIDE PUBLIC PREMISES, OR ANY PORTION THEREOF, FOR

THE PURPOSE OF CONSUMPTION OF MEDICAL MARIHUANA IN ANY FORM;

(d) (I) TO SELL MEDICAL MARIHUANA TO A PERSON NOT LICENSED

PURSUANT TO THIS ACT OR TO A PERSON NOT ABLE TO PRODUCE A VALID

PATIENT REGISTRY IDENTIFICATION CARD. NOTWITHSTANDING ANY

PROVISION IN THIS SUBPARAGRAPH (I) TO THE CONTRARY, A PERSON UNDER

EIGHTEEN YEARS OF AGE SHALL NOT BE EMPLOYED TO SELL OR DISPENSE

MEDICAL MARIHUANA AT A LICENSED WELLNESS CENTER OR GROW OR

CULTIVATE MEDICAL MARIHUANA AT AN PREMISES CULTIVATION

OPERATION.

(II) IF A LICENSEE OR A LICENSEE'S EMPLOYEE HAS REASONABLE

CAUSE TO BELIEVE THAT A PERSON IS EXHIBITING A FRAUDULENT PATIENT

REGISTRY IDENTIFICATION CARD IN AN ATTEMPT TO OBTAIN MEDICAL

MARIHUANA, THE LICENSEE OR EMPLOYEE SHALL BE AUTHORIZED TO

CONFISCATE THE FRAUDULENT PATIENT REGISTRY IDENTIFICATION CARD, IF

POSSIBLE, AND SHALL, WITHIN SEVENTY-TWO HOURS AFTER THE

CONFISCATION, TURN IT OVER TO THE LOCAL

LAW ENFORCEMENT AGENCY. THE FAILURE TO CONFISCATE THE

FRAUDULENT PATIENT REGISTRY IDENTIFICATION CARD OR TO TURN IT OVER

TO THE STATE HEALTH DEPARTMENT OR A STATE OR LOCAL LAW

ENFORCEMENT AGENCY WITHIN SEVENTY-TWO HOURS AFTER THE

CONFISCATION SHALL NOT CONSTITUTE A CRIMINAL OFFENSE.

(e) TO POSSESS MORE THAN SIX MEDICAL MARIHUANA PLANTS AND

TWO OUNCES OF MEDICAL MARIHUANA FOR EACH PATIENT WHO HAS

REGISTERED THE CENTER AS HIS OR HER PRIMARY CENTER PURSUANT TO

THIS ACT; EXCEPT THAT A MEDICAL MARIHUANA

CENTER MAY HAVE AN AMOUNT THAT EXCEEDS THE SIX-PLANT AND

TWO-OUNCE PRODUCT PER PATIENT LIMIT IF THE CENTER SELLS TO PATIENTS

THAT ARE AUTHORIZED TO HAVE MORE THAN SIX PLANTS AND TWO OUNCES

OF PRODUCT. IN THE CASE OF A PATIENT AUTHORIZED TO EXCEED THE

SIX-PLANT AND TWO-OUNCE LIMIT, THE CENTER SHALL OBTAIN

DOCUMENTATION FROM THE PATIENT'S PHYSICIAN THAT THE PATIENT NEEDS

MORE THAN SIX PLANTS AND TWO OUNCES OF PRODUCT.

 (f) TO OFFER FOR SALE OR SOLICIT AN ORDER FOR MEDICAL

MARIHUANA IN PERSON EXCEPT WITHIN THE LICENSED PREMISES;

(g) TO HAVE IN POSSESSION OR UPON THE LICENSED PREMISES ANY

MEDICAL MARIHUANA, THE SALE OF WHICH IS NOT PERMITTED BY THE

LICENSE;

(h) TO BUY MEDICAL MARIHUANA FROM A PERSON NOT LICENSED TO

SELL AS PROVIDED BY THIS ACT;

(i) TO SELL MEDICAL MARIHUANA EXCEPT IN THE PERMANENT

LOCATION SPECIFICALLY DESIGNATED IN THE LICENSE FOR SALE;

(j) TO HAVE ON THE LICENSED PREMISES ANY MEDICAL MARIHUANA

OR MARIHUANA PARAPHERNALIA THAT SHOWS EVIDENCE OF THE MEDICAL

MARIHUANA HAVING BEEN CONSUMED OR PARTIALLY CONSUMED;

(k) TO REQUIRE A LICENSED WELLNESS CENTER OR LICENSED WELLNESS CENTER WITH AN OPTIONAL PREMISES CULTIVATION LICENSE TO

MAKE DELIVERY TO ANY PREMISES OTHER THAN THE SPECIFIC LICENSED

PREMISES WHERE THE MEDICAL MARIHUANA IS TO BE SOLD; OR

(l) TO SELL, SERVE, OR DISTRIBUTE MEDICAL MARIHUANA AT ANY

TIME OTHER THAN BETWEEN THE HOURS OF 8:00 A.M. AND 10:00 P.M.

MONDAY THROUGH SUNDAY

 

(5) EXCEPT AS PROVIDED IN SECTIONS 487.022(4), 487.023,

AND 487.024, IT IS UNLAWFUL FOR A LICENSED WELLNESS CENTER,

MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING OPERATION

WITH AN OPTIONAL PREMISES, OR LICENSED WELLNESS CENTER WITH AN OPTIONAL PREMISES TO SELL, DELIVER, OR CAUSE TO BE DELIVERED TO A LICENSEE ANY MEDICAL

MARIHUANA NOT GROWN UPON ITS LICENSED PREMISES OR FROM A LICENSED PREMISES CULTIVATION OPERATION, OR FOR A LICENSEE

OR LICENSED WELLNESS CENTER WITH AN OPTIONAL PREMISES

OR MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING

OPERATION WITH AN OPTIONAL PREMISES TO SELL, POSSESS, OR PERMIT THE SALE OF MEDICAL MARIHUANA NOT GROWN UPON ITS LICENSED PREMISES OR FROM A LICENSED PREMISES CULTIVATION OPERATION. A VIOLATION OF THE PROVISIONS OF THIS SUBSECTION

(5) BY A LICENSEE SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF

THE LICENSE GRANTED UNDER THIS ACT

(6) A PERSON WHO COMMITS ANY ACTS THAT ARE UNLAWFUL

PURSUANT TO THIS SECTION COMMITS A CLASS 2 MISDEMEANOR.

 

SUBCHAPTER J.

MEDICAL MARIHUANA PROGRAM

487.032.

MEDICAL MARIHUANA PROGRAM - POWERS AND DUTIES OF

THE STATE LICENSING AUTHORITY. (1) LEGISLATIVE DECLARATION. (a) THE TEXAS LEGISLATURE HEREBY DECLARES THAT IT IS NECESSARY TO

IMPLEMENT RULES TO ENSURE THAT PATIENTS SUFFERING FROM LEGITIMATE

DEBILITATING MEDICAL CONDITIONS ARE ABLE TO LEGALLY AND SAFELY GAIN ACCESS TO

MEDICAL MARIHUANA AND TO ENSURE THAT THESE PATIENTS:

 (I) ARE NOT SUBJECT TO ARREST OR CRIMINAL PROSECUTION FOR THEIR PURCHASE, POSSESSION, TRANSPORTATION AND USE OF

MEDICAL MARIHUANA IN ACCORDANCE WITH THIS ACT, AND THE RULES OF THE STATE

LICENSING AUTHORITY.

(b) THE TEXAS LEGISLATURE HEREBY DECLARES THAT IT IS

NECESSARY TO IMPLEMENT RULES TO PREVENT PERSONS WHO DO NOT

SUFFER FROM LEGITIMATE DEBILITATING MEDICAL CONDITIONS FROM USING

THIS ACT AS A MEANS TO SELL, ACQUIRE, POSSESS, PRODUCE, USE, OR TRANSPORT MARIHUANA IN VIOLATION OF STATE AND FEDERAL LAWS.

(2) DEFINITIONS. IN ADDITION TO THE DEFINITIONS SET FORTH IN

487.003, AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(A)  “DEBILITATING MEDICAL CONDITIONS” SHALL MEAN:

(I) CANCER, HUMAN IMMUNODEFICIENCY VIRUS (HIV), AIDS,MULTIPLE SCLEROSIS, EPILEPSY OR OTHER SEIZURE

DISORDER, OR SPASTICITY DISORDERS; OR

(II) INTRACTABLE PAIN, UNRELIEVED BY STANDARD MEDICAL TREATMENTS AND MEDICATIONS; OR

(III) GLAUCOMA, EITHER ACUTE OR CHRONIC, UNRELIEVED BY STANDARD TREATMENTS AND MEDICATIONS; OR

(IV) CROHN’S DISEASE WITH DEBILITATING SYMPTOMS UNRELIEVED BY STANDARD TREATMENTS OR

MEDICATIONS; OR

(V) HEPATITIS C WITH DEBILITATING NAUSEA OR INTRACTABLE PAIN UNRELIEVED BY STANDARD TREATMENTS OR MEDICATIONS; OR

(VI) 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

(VII)  POSTTRAUMATIC STRESS DISORDER; OR

(VIII) ANY OTHER MEDICAL DISORDER, CONDITION, OR OTHER DIAGNOSIS FOR WHICH A PHYSICIAN OR THE DEPARTMENT OF HEALTH FINDS THE PATIENT MAY BENEFIT FROM THE MEDICINAL USE OF MARIHUANA.

(B)  “PATIENT” SHALL MEAN A PERSON WHO:

(I) IS A PATIENT OF A PHYSICIAN LICENSED ON THE STATE OF TEXAS;

(II) HAS BEEN DIAGNOSED BY THAT PHYSICIAN AS HAVING A TERMINAL OR DEBILITATING MEDICAL CONDITION AS DEFINED IN 487.032(2)(B);

(III) IS A RESIDENT OF THE STATE OF TEXAS AT THE TIME OF SUCH DIAGNOSIS;

(IV) HAS BEEN ADVISED BY THAT PHYSICIAN ABOUT THE RISKS AND BENEFITS OF THE MEDICAL USE OF MARIHUANA; AND

(V) HAS RECEIVED A WRITTEN RECOMMENDATION BY THAT PHYSICIAN FOR THE MEDICAL USE OF MARIHUANA.

(C)  “PRIMARY CAREGIVER” MEANS A NATURAL PERSON, OTHER THAN THE PATIENT OR THE

PATIENT'S PHYSICIAN, WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS

SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT

WHO HAS A DEBILITATING MEDICAL CONDITION.

(3) RULE-MAKING. (A) THE DEPARTMENT SHALL, PURSUANT TO THIS

ACT, PROMULGATE RULES OF ADMINISTRATION CONCERNING THE IMPLEMENTATION OF THE MEDICAL MARIHUANA PROGRAM THAT SPECIFICALLY GOVERN THE

FOLLOWING:

(I) THE ESTABLISHMENT AND MAINTENANCE OF A CONFIDENTIAL REGISTRY

OF PATIENTS WHO HAVE APPLIED FOR AND ARE ENTITLED TO RECEIVE A REGISTRY

IDENTIFICATION CARD;

(II) THE DEVELOPMENT BY THE DEPARTMENT OF AN APPLICATION FORM

AND MAKING SUCH FORM AVAILABLE TO RESIDENTS OF THIS STATE SEEKING TO BE LISTED

ON THE CONFIDENTIAL REGISTRY OF PATIENTS WHO ARE ENTITLED TO RECEIVE A REGISTRY

IDENTIFICATION CARD;

(III) THE VERIFICATION BY THE DEPARTMENT OF MEDICAL INFORMATION

CONCERNING PATIENTS WHO HAVE APPLIED FOR A CONFIDENTIAL REGISTRY CARD;

(IV) THE ISSUANCE AND FORM OF CONFIDENTIAL REGISTRY IDENTIFICATION

CARDS;

(V) COMMUNICATIONS WITH LAW ENFORCEMENT OFFICIALS ABOUT

CONFIDENTIAL REGISTRY IDENTIFICATION CARDS THAT HAVE BEEN SUSPENDED WHERE A

PATIENT IS NO LONGER DIAGNOSED AS HAVING A DEBILITATING MEDICAL CONDITION;

AND

(VI) THE MANNER IN WHICH THE DEPARTMENT MAY CONSIDER ADDING

DEBILITATING MEDICAL CONDITIONS TO THE LIST OF DEBILITATING MEDICAL CONDITIONS; AND

(VII) A WAIVER PROCESS TO ALLOW A HOMEBOUND PATIENT WHO IS

ON THE REGISTRY TO HAVE A PRIMARY CAREGIVER TRANSPORT THE

PATIENT'S MEDICAL MARIHUANA FROM A LICENSED WELLNESS

CENTER TO THE PATIENT.

(B) THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES

REGARDING THE FOLLOWING:

(I) WHAT CONSTITUTES "SIGNIFICANT RESPONSIBILITY FOR

MANAGING THE WELL-BEING OF A PATIENT"; EXCEPT THAT THE ACT OF

SUPPLYING MEDICAL MARIHUANA OR MARIHUANA PARAPHERNALIA, BY

ITSELF, IS INSUFFICIENT TO CONSTITUTE "SIGNIFICANT RESPONSIBILITY FOR

MANAGING THE WELL-BEING OF A PATIENT";

(II) THE DEVELOPMENT OF A FORM FOR A PRIMARY CAREGIVER TO

USE IN APPLYING TO THE REGISTRY, WHICH FORM SHALL REQUIRE, AT A

MINIMUM, THAT THE APPLICANT PROVIDE HIS OR HER FULL NAME, HOME

ADDRESS, DATE OF BIRTH, AND AN ATTESTATION THAT THE APPLICANT HAS

A SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF THE

PATIENT FOR WHOM HE OR SHE IS DESIGNATED AS THE PRIMARY CAREGIVER

AND THAT HE OR SHE UNDERSTANDS AND WILL ABIDE BY THIS ACT, AND THE RULES

PROMULGATED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS ACT;

 (III) THE DEVELOPMENT OF A FORM THAT CONSTITUTES "WRITTEN

DOCUMENTATION", AS DEFINED AND USED IN THIS ACT, WHICH FORM A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL MARIHUANA RECOMMENDATION FOR A PATIENT; AND

(IV) THE GROUNDS AND PROCEDURE FOR A PATIENT TO CHANGE HIS

OR HER DESIGNATED PRIMARY CAREGIVER.

(5) PRIMARY CAREGIVERS. (A) A PRIMARY CAREGIVER MAY NOT

DELEGATE TO ANY OTHER PERSON HIS OR HER AUTHORITY TO PROVIDE

MEDICAL MARIHUANA TO A PATIENT NOR MAY A PRIMARY CAREGIVER

ENGAGE OTHERS TO ASSIST IN PROVIDING MEDICAL MARIHUANA TO A

PATIENT.

(B) A PRIMARY CAREGIVER MAY NOT CULTIVATE MEDICAL MARIHUANA, UNLESS THE PRIMARY CAREGIVER IS ALSO A LICENSEE.

(C) ONLY A LICENSED WELLNESS CENTER WITH AN OPTIONAL

PREMISES, A MEDICAL MARIHUANA-INFUSED

PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES, OR A LICENSED PREMISES CULTIVATION OPERATION MAY CULTIVATE OR PROVIDE

MARIHUANA AND ONLY FOR MEDICAL USE.

(D) A PRIMARY CAREGIVER SHALL PROVIDE TO A LAW ENFORCEMENT

AGENCY, UPON INQUIRY, THE REGISTRY IDENTIFICATION CARD NUMBER OF

EACH OF HIS OR HER PATIENTS. THE STATE LICENSING AUTHORITY SHALL

MAINTAIN A REGISTRY OF THIS INFORMATION AND MAKE IT AVAILABLE

TWENTY-FOUR HOURS PER DAY AND SEVEN DAYS A WEEK TO LAW

ENFORCEMENT FOR VERIFICATION PURPOSES. UPON INQUIRY BY A LAW

ENFORCEMENT OFFICER AS TO AN INDIVIDUAL'S STATUS AS A PATIENT OR

PRIMARY CAREGIVER, THE STATE LICENSING AUTHORITY SHALL CHECK THE

REGISTRY. IF THE INDIVIDUAL IS NOT REGISTERED AS A PATIENT OR PRIMARY

CAREGIVER, THE STATE LICENSING AUTHORITY MAY PROVIDE THAT RESPONSE TO

LAW ENFORCEMENT. IF THE PERSON IS A REGISTERED PATIENT OR PRIMARY

CAREGIVER, THE STATE LICENSING AUTHORITY MAY NOT RELEASE INFORMATION

UNLESS CONSISTENT WITH THIS ACT. THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO PROVIDE FOR THE EFFICIENT ADMINISTRATION OF THIS PARAGRAPH (D). 

(6) PATIENT - PRIMARY CAREGIVER RELATIONSHIP. (A) A PERSON SHALL

BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN ONE PATIENT ON

THE MEDICAL MARIHUANA PROGRAM REGISTRY AT ANY GIVEN TIME; EXCEPT

THAT THE STATE LICENSING AUTHORITY MAY ALLOW A PRIMARY CAREGIVER TO

SERVE MORE THAN ONE PATIENT IN EXCEPTIONAL CIRCUMSTANCES. IN

DETERMINING WHETHER EXCEPTIONAL CIRCUMSTANCES EXIST, THE STATE

HEALTH AGENCY MAY CONSIDER THE PROXIMITY OF LICENSED WELLNESS

CENTERS TO THE PATIENT. A PRIMARY CAREGIVER SHALL MAINTAIN A LIST

OF HIS OR HER PATIENTS INCLUDING THE REGISTRY IDENTIFICATION CARD

NUMBER OF EACH PATIENT AT ALL TIMES. 

(B) A PATIENT SHALL HAVE ONLY ONE PRIMARY CAREGIVER AT ANY

GIVEN TIME.

(C) A PATIENT WHO HAS DESIGNATED A PRIMARY CAREGIVER FOR

HIMSELF OR HERSELF MAY NOT BE DESIGNATED AS A PRIMARY CAREGIVER

FOR ANOTHER PATIENT.

(D) A PRIMARY CAREGIVER MAY ONLY CHARGE A PATIENT A REASONABLE SURCHARGE FOR CAREGIVER SERVICES.

(E) THE STATE LICENSING AUTHORITY SHALL MAINTAIN A SECURE AND

CONFIDENTIAL REGISTRY OF AVAILABLE PRIMARY CAREGIVERS FOR THOSE

PATIENTS WHO ARE UNABLE TO SECURE THE SERVICES OF A PRIMARY

CAREGIVER.

 (7) REGISTRY IDENTIFICATION CARD REQUIRED - DENIAL - REVOCATION -

RENEWAL. (A) TO BE CONSIDERED IN COMPLIANCE WITH THE PROVISIONS OF

THIS ACT, AND THE RULES OF THE STATE LICENSING AUTHORITY, A PATIENT OR PRIMARY

CAREGIVER SHALL HAVE HIS OR HER REGISTRY IDENTIFICATION CARD IN HIS

OR HER POSSESSION AT ALL TIMES THAT HE OR SHE IS IN POSSESSION OF ANY

FORM OF MEDICAL MARIHUANA AND PRODUCE THE SAME UPON REQUEST OF

A LAW ENFORCEMENT OFFICER TO DEMONSTRATE THAT THE PATIENT OR

PRIMARY CAREGIVER IS NOT IN VIOLATION OF THE LAW

 A PERSON WHO VIOLATES

THIS ACT, THIS SECTION, OR THE RULES PROMULGATED BY THE STATE LICENSING AUTHORITY MAY BE SUBJECT TO CRIMINAL PROSECUTION.

(B) THE STATE LICENSING AUTHORITY MAY DENY A PATIENT'S OR PRIMARY

CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR

REVOKE THE CARD IF THE STATE LICENSING AUTHORITY DETERMINES THAT THE PHYSICIAN WHO

DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL CONDITION, THE PATIENT,

OR THE PRIMARY CAREGIVER VIOLATED THIS ACT, OR THE RULES PROMULGATED BY

THE STATE LICENSING AUTHORITY PURSUANT TO THIS SECTION; EXCEPT THAT,

WHEN A PHYSICIAN'S VIOLATION IS THE BASIS FOR ADVERSE ACTION, THE

STATE LICENSING AUTHORITY MAY ONLY DENY OR REVOKE A PATIENT'S

APPLICATION OR REGISTRY IDENTIFICATION CARD WHEN THE PHYSICIAN'S

VIOLATION IS RELATED TO THE ISSUANCE OF A MEDICAL MARIHUANA

RECOMMENDATION.

(C) A PATIENT OR PRIMARY CAREGIVER REGISTRY IDENTIFICATION

CARD SHALL BE VALID FOR ONE YEAR AND SHALL CONTAIN A UNIQUE

IDENTIFICATION NUMBER. IT SHALL BE THE RESPONSIBILITY OF THE PATIENT

OR PRIMARY CAREGIVER TO APPLY TO RENEW HIS OR HER REGISTRY

IDENTIFICATION CARD PRIOR TO THE DATE ON WHICH THE CARD EXPIRES.

THE STATE LICENSING AUTHORITY SHALL DEVELOP A FORM FOR A PATIENT OR

PRIMARY CAREGIVER TO USE IN RENEWING HIS OR HER REGISTRY

IDENTIFICATION CARD.

(D) IF THE STATE LICENSING AUTHORITY GRANTS A PATIENT A WAIVER TO

ALLOW A PRIMARY CAREGIVER TO TRANSPORT THE PATIENT'S MEDICAL

MARIHUANA FROM A LICENSED WELLNESS CENTER TO THE PATIENT, THE

STATE LICENSING AUTHORITY SHALL DESIGNATE THE WAIVER ON THE PATIENT'S

REGISTRY IDENTIFICATION CARD.

(E) A HOMEBOUND PATIENT WHO RECEIVES A WAIVER FROM THE

STATE LICENSING AUTHORITY TO ALLOW A PRIMARY CAREGIVER TO TRANSPORT

THE PATIENT'S MEDICAL MARIHUANA TO THE PATIENT FROM A MEDICAL

MARIHUANA CENTER SHALL PROVIDE THE PRIMARY CAREGIVER WITH THE

PATIENT'S REGISTRY IDENTIFICATION CARD, WHICH THE PRIMARY CAREGIVER

SHALL CARRY WHEN THE PRIMARY CAREGIVER IS TRANSPORTING THE

MEDICAL MARIHUANA. A LICENSED WELLNESS CENTER MAY PROVIDE THE

MEDICAL MARIHUANA TO THE PRIMARY CAREGIVER FOR TRANSPORT TO THE

PATIENT IF THE PRIMARY CAREGIVER PRODUCES THE PATIENT'S REGISTRY

IDENTIFICATION CARD.

(8) USE OF MEDICAL MARIHUANA. (A) THE USE OF MEDICAL

MARIHUANA IS ALLOWED UNDER STATE LAW TO THE EXTENT THAT IT IS

CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.

(B)  A PATIENT OR PRIMARY CAREGIVER SHALL NOT BE SUBJECT TO ARREST OR CRIMINAL PROSECUTION FOR THEIR PURCHASE, POSSESSION, TRANSPORTATION AND USE OF

MEDICAL MARIHUANA IN ACCORDANCE WITH THIS ACT, AND THE RULES OF THE STATE

LICENSING AUTHORITY.  THE MEDICAL MARIHUANA PURCHASED, POSSESSED, OR TRANSPORTED BY A PATIENT OR CAREGIVER SHALL NOT BE SUBJECT TO CONFISCATION OR SEIZURE WHEN THE PATIENT OR PRIMARY CAREGIVER ARE IN COMPLIANCE WITH THIS ACT, AND THE RULES OF THE STATE LICENSING AUTHORITY.

(C) A PATIENT OR PRIMARY CAREGIVER  SHALL NOT:

(I) ENGAGE IN THE MEDICAL USE OF MARIHUANA IN A WAY THAT

ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON;

(II) ENGAGE IN THE MEDICAL USE OF MARIHUANA IN PLAIN VIEW OF

OR IN A PLACE OPEN TO THE GENERAL PUBLIC;

(III) UNDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF

MEDICAL MARIHUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE OR

PROFESSIONAL MALPRACTICE;

 (IV) POSSESS MEDICAL MARIHUANA OR OTHERWISE ENGAGE IN THE

USE OF MEDICAL MARIHUANA IN OR ON THE GROUNDS OF A SCHOOL OR IN A

SCHOOL BUS;

(V) ENGAGE IN THE USE OF MEDICAL MARIHUANA WHILE:

(A) IN A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS

FACILITY;

(B) SUBJECT TO A SENTENCE TO INCARCERATION; OR

(C) IN A VEHICLE, AIRCRAFT, OR MOTORBOAT;

(VI) OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL OF

ANY VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE UNDER THE INFLUENCE OF

MEDICAL MARIHUANA; OR

(VII) USE MEDICAL MARIHUANA IF THE PERSON DOES NOT HAVE A

DEBILITATING MEDICAL CONDITION AS DIAGNOSED BY THE PERSON'S

PHYSICIAN IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT

RELATIONSHIP AND FOR WHICH THE PHYSICIAN HAS RECOMMENDED THE USE

OF MEDICAL MARIHUANA.

 (9) LIMIT ON CULTIVATION OF MEDICAL MARIHUANA. ONLY MEDICAL MARIHUANA-INFUSED PRODUCTS MANUFACTURING OPERATIONS WITH AN OPTIONAL PREMISES, AND LICENSED WELLNESS CENTERS WITH OPTIONAL PREMISES, AND LICENSES PREMISES CULTIVATION OPERATIONS MAY CULTIVATE MEDICAL MARIHUANA.

 (10) FEES. THE DEPARTMENT STATE LICENSING AUTHORITY MAY COLLECT

FEES FROM PATIENTS WHO, PURSUANT TO THIS ACT, APPLY TO THE MEDICAL MARIHUANA PROGRAM ESTABLISHED BY SUCH SECTION FOR A MARIHUANA REGISTRY IDENTIFICATION CARD FOR THE PURPOSE OF OFFSETTING THE DEPARTMENT'S STATE LICENSING AUTHORITY'S DIRECT AND INDIRECT

COSTS OF ADMINISTERING THE PROGRAM. THE AMOUNT OF SUCH THE FEES SHALL BE

SET BY RULE OF THE STATE LICENSING AUTHORITY. THE

AMOUNT OF THE FEES SET PURSUANT TO THIS SECTION SHALL REFLECT THE

ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY

IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT.

 

SUBCHAPTER K.

PHYSICIANS EXCEPTED FROM STATE’S CRIMINAL LAWS

487.033. PHYSICIANS EXCEPTED FROM STATE’S CRIMINAL LAWS.

A PHYSICIAN LICENSED SHALL BE EXCEPTED FROM THE STATE’S CRIMINAL LAWS

AND SHALL NOT BE PENALIZED IN ANY MANNER, OR DENIED ANY

RIGHT OR PRIVILEGE, FOR:

(1) ADVISING A PATIENT ABOUT THE RISKS AND

BENEFITS OF THE MEDICAL USE OF MARIHUANA OR DETERMING THAT THE

PATIENT MAY BENEFIT FROM THE MEDICAL USE

OF MARIHUANA WHERE SUCH USE IS WITHIN A PROFESSIONAL

STANDARD OF CARE OR IN THE INDIVIDUAL PHYSICIAN’S

MEDICAL JUDGMENT; OR

(2) PROVIDING A PATIENT WITH VALID RECOMMENDATION FOR THE USE OF MEDICAL MARIHUANA, BASED UPON THE PHYSICIAN’S

ASSESSMENT OF THE PATIENT’S MEDICAL

HISTORY AND CURRENT MEDICAL CONDITION.

 

SUBCHAPTER L.

MISCELLANEOUS.

487.034  SEVERABILITY. IF ANY PROVISION OF THIS ACT OR THE

APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH

INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ACT THAT CAN

BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END

THE PROVISIONS OF THIS ACT ARE DECLARED TO BE SEVERABLE.

487.035. SAFETY CLAUSE. THE GENERAL ASSEMBLY HEREBY FINDS,

DETERMINES, AND DECLARES THAT THIS ACT IS NECESSARY FOR THE IMMEDIATE

PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY.


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