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Tex. Occ. Code § 169.003

PRESCRIPTION OF LOW-THC CANNABIS

Known as the Medical Practice Act

The act spans §§ 151–172 (375 sections).

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff

(a) A physician described by Section 169.002 may prescribe low-THC cannabis to a patient if:

(1) the patient is a permanent resident of the state;

(2) the physician complies with the registration requirements of Section 169.004; and

(3) the physician certifies to the department that:

(A) the patient is diagnosed with:

(i) epilepsy;

(ii) a seizure disorder;

(iii) multiple sclerosis;

(iv) spasticity;

(v) amyotrophic lateral sclerosis;

(vi) autism;

(vii) cancer;

(viii) an incurable neurodegenerative disease;

(ix) post-traumatic stress disorder;

(x) a condition that causes chronic pain;

(xi) traumatic brain injury;

(xii) Crohn's disease or other inflammatory bowel disease;

(xiii) a terminal illness or a condition for which a patient is receiving hospice or palliative care; or

(xiv) a medical condition that is approved for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program; and

(B) the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient.

(b) Each prescription issued by a physician to a patient for low-THC cannabis:

(1) may only provide for a 90-day supply of low-THC cannabis based on the dosage prescribed to the patient; and

(2) may provide up to four refills of a 90-day supply of low-THC cannabis.

(c) A physician may prescribe more than one package in a 90-day period.

(d) A physician may submit to the Department of State Health Services a request that the department report to the legislature that low-THC cannabis may be beneficial to treat a specific medical condition not listed in Subsection (a)(3)(A). The request must be accompanied by medical evidence such as peer-reviewed published research demonstrating that low-THC cannabis may be beneficial to treat that medical condition. The executive commissioner by rule shall prescribe the manner in which a physician may submit a request under this subsection.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.