Texas Medical Marihuana - HB 1491
A BILL TO BE ENTITLED
AN ACT relating to the medical use of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution underSubsection (a) that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition.
(d) An agency, including a law enforcement agency, of this state or a political subdivision of this state may not initiate an administrative, civil, or criminal investigation int a physician licensed to practice medicine in this state on the ground that the physician discussed marihuana as a treatment option with a patient of the physician or made a written or oral statement that, in the physician's opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is amended by adding Section 164.0525 to read as follows:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
not be denied any right or privilege or be subject to any
disciplinary action solely for making a written or oral statement
that, in the physician's professional opinion, the potential
benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2011.
AN ACT relating to the medical use of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution underSubsection (a) that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition.
(d) An agency, including a law enforcement agency, of this state or a political subdivision of this state may not initiate an administrative, civil, or criminal investigation int a physician licensed to practice medicine in this state on the ground that the physician discussed marihuana as a treatment option with a patient of the physician or made a written or oral statement that, in the physician's opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is amended by adding Section 164.0525 to read as follows:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
not be denied any right or privilege or be subject to any
disciplinary action solely for making a written or oral statement
that, in the physician's professional opinion, the potential
benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2011.
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