TEXAS COMPASSIONATE-USE ACT

Tex. HEALTH & SAFETY Code ch. 487

in effect

Tex. HEALTH & SAFETY Code § 487.001. DEFINITIONS.

In this chapter: (1) "Department" means the Department of Public Safety. (2) "Director" means the public safety director of the department. (3) "Dispensing organization" means an organization licensed by the department to cultivate, process, and dispense low-THC cannabis to a patient for whom low-THC cannabis is prescribed under Chapter 169 , Occupations Code. (4) "Low-THC cannabis" has the meaning assigned by Section 169.001 , Occupations Code. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015. SUBCHAPTER B. DUTIES OF DEPARTMENT

Tex. HEALTH & SAFETY Code § 487.051. DUTIES OF DEPARTMENT.

The department shall administer this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.052. RULES.

The director shall adopt any rules necessary for the administration and enforcement of this chapter, including rules imposing fees under this chapter in amounts sufficient to cover the cost of administering this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS.

(a) The department shall: (1) issue or renew a license to operate as a dispensing organization to each applicant who satisfies the requirements established under this chapter; and (2) register directors, owners, managers, members, and employees of each dispensing organization. (b) Subject to Section 411.503 , Government Code, the department shall enforce compliance of licensees and registrants and shall adopt procedures for suspending or revoking a license or registration issued under this chapter and for renewing a license or registration issued under this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.054. COMPASSIONATE-USE REGISTRY.

(a) The department shall establish and maintain a secure online compassionate-use registry that contains: (1) the name of each physician who registers as the prescriber for a patient under Section 169.004 , Occupations Code, the name and date of birth of the patient, the dosage prescribed, the means of administration ordered, and the total amount of low-THC cannabis required to fill the patient's prescription; and (2) a record of each amount of low-THC cannabis dispensed by a dispensing organization to a patient under a prescription. (b) The department shall ensure the registry: (1) is designed to prevent more than one qualified physician from registering as the prescriber for a single patient; (2) is accessible to law enforcement agencies and dispensing organizations for the purpose of verifying whether a patient is one for whom low-THC cannabis is prescribed and whether the patient's prescriptions have been filled; and (3) allows a physician qualified to prescribe low-THC cannabis under Section 169.002 , Occupations Code, to input safety and efficacy data derived from the treatment of patients for whom low-THC cannabis is prescribed under Chapter 169 , Occupations Code. (c) Information within the registry regarding patient identification, including the fact that a person is listed as a patient in the registry, is confidential and may only be accessed by the department, registered physicians, and dispensing organizations for the purposes of this chapter. Confidential information under this subsection may not be disclosed except as authorized under this chapter and is not subject to disclosure under Chapter 552 , Government Code. (d) Notwithstanding Subsection (c), on request by a patient, the department may release patient information contained in the registry to the patient or a person designated by the patient. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015. SUBCHAPTER C. LICENSE TO OPERATE AS DISPENSING ORGANIZATION

Tex. HEALTH & SAFETY Code § 487.101. LICENSE REQUIRED.

(a) A license issued by the department under this chapter is required to operate a dispensing organization. (b) A dispensing organization licensed under this chapter is not required to apply for an additional license for the use of a satellite location for secure storage of low-THC cannabis if: (1) the address of the satellite location was included in the application; or (2) the dispensing organization obtains approval from the department under Section 487.1035 . Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.102. ELIGIBILITY FOR LICENSE.

An applicant for a license to operate as a dispensing organization is eligible for the license if: (1) as determined by the department, the applicant possesses: (A) the technical and technological ability to cultivate and produce low-THC cannabis; (B) the ability to secure: (i) the resources and personnel necessary to operate as a dispensing organization; and (ii) premises reasonably located to allow patients listed on the compassionate-use registry access to the organization through existing infrastructure; (C) the ability to maintain accountability for the raw materials, the finished product, and any by-products used or produced in the cultivation or production of low-THC cannabis to prevent unlawful access to or unlawful diversion or possession of those materials, products, or by-products; and (D) the financial ability to maintain operations for not less than two years from the date of application; (2) each director, owner, manager, member, or employee of the applicant is registered under Subchapter D; and (3) the applicant satisfies any additional criteria determined by the director to be necessary to safely implement this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.103. APPLICATION.

(a) A person may apply for an initial or renewal license to operate as a dispensing organization by submitting a form prescribed by the department along with the application fee in an amount set by the director. (b) The application must include: (1) the name and address of the applicant; (2) the name and address of each of the applicant's directors, owners, managers, members, and employees; (3) the address of any satellite location that will be used by the applicant for secure storage of low-THC cannabis under Section 487.1035 ; and (4) any other information considered necessary by the department to determine the applicant's eligibility for the license. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.

(a) The department shall issue or renew a license to operate as a dispensing organization only if: (1) the department determines the applicant meets the eligibility requirements described by Section 487.102 ; and (2) issuance or renewal of the license is necessary to ensure reasonable statewide access to, and the availability of, low-THC cannabis for patients registered in the compassionate-use registry and for whom low-THC cannabis is prescribed under Chapter 169 , Occupations Code. (b) Except as provided by Subsection (b-1), if the department denies the issuance or renewal of a license under Subsection (a), the applicant is entitled to a hearing. Chapter 2001 , Government Code, applies to a proceeding under this section. (b-1) If the department denies the issuance of a license under this section to an applicant that has never held a license under this section, the applicant is not entitled to a hearing. (c) A license issued or renewed under this section expires as determined by the department in accordance with Section 411.511 , Government Code. (d) The department shall issue 15 licenses under this section to dispensing organizations in this state provided that the department receives applications from a sufficient number of applicants meeting the requirements for eligibility under this subchapter. (d-1) The department shall issue initial licenses to dispensing organizations under this section based on a competitive evaluation of applicant qualifications relative to other applicants. (e) The department shall issue and renew licenses under this section in a manner that ensures adequate access to low-THC cannabis for patients registered in the compassionate-use registry in each public health region designated under Section 121.007 . (f) The director shall adopt rules to establish a timeline for reviewing and taking action on an application submitted under this section. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.105. CRIMINAL HISTORY BACKGROUND CHECK.

(a) An applicant for the issuance or renewal of a license to operate as a dispensing organization shall provide the department with the applicant's name and the name of each of the applicant's directors, owners, managers, members, and employees. (b) Before a dispensing organization licensee hires a manager or employee for the organization, the licensee must provide the department with the name of the prospective manager or employee. The licensee may not transfer the license to another person before that prospective applicant and the applicant's directors, owners, managers, members, and employees pass a criminal history background check and are registered as required by Subchapter D. (c) The department shall conduct a criminal history background check on each individual whose name is provided to the department under Subsection (a) or (b). The director by rule shall: (1) require each individual whose name is provided to the department under Subsection (a) or (b) to submit a complete set of fingerprints to the department on a form prescribed by the department for purposes of a criminal history background check under this section; and (2) establish criteria for determining whether an individual passes the criminal history background check for the purposes of this section. (c-1) This section does not apply to a director, owner, manager, member, or employee who does not exercise direct control over the daily operations of the dispensing organization. (d) After conducting a criminal history background check under this section, the department shall notify the relevant applicant or organization and the individual who is the subject of the criminal history background check as to whether the individual passed the criminal history background check. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.106. DUTY TO MAINTAIN ELIGIBILITY.

A dispensing organization must maintain compliance at all times with the eligibility requirements described by Section 487.102 . Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.107. DUTIES RELATING TO DISPENSING PRESCRIPTION.

(a) Before dispensing low-THC cannabis to a person for whom the low-THC cannabis is prescribed under Chapter 169 , Occupations Code, the dispensing organization must verify that the prescription presented: (1) is for a person listed as a patient in the compassionate-use registry; (2) matches the entry in the compassionate-use registry with respect to the total amount of low-THC cannabis required to fill the prescription; and (3) has not previously been filled by a dispensing organization as indicated by an entry in the compassionate-use registry. (b) After dispensing low-THC cannabis to a patient for whom the low-THC cannabis is prescribed under Chapter 169 , Occupations Code, the dispensing organization shall record in the compassionate-use registry the form and quantity of low-THC cannabis dispensed and the date and time of dispensation. (c) A dispensing organization may not dispense to a person low-THC cannabis in a: (1) package or container that contains more than a total of one gram of tetrahydrocannabinols; or (2) medical device for pulmonary inhalation that contains more than one gram of tetrahydrocannabinols. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015.

Tex. HEALTH & SAFETY Code § 487.108. LICENSE SUSPENSION OR REVOCATION.

(a) The department may at any time suspend or revoke a license issued under this chapter if the department determines that the licensee has not maintained the eligibility requirements described by Section 487.102 or has failed to comply with a duty imposed under this chapter. (b) The director shall give written notice to the dispensing organization of a license suspension or revocation under this section and the grounds for the suspension or revocation. The notice must be sent by certified mail, return receipt requested. (c) After suspending or revoking a license issued under this chapter, the director may seize or place under seal all low-THC cannabis and drug paraphernalia owned or possessed by the dispensing organization. If the director orders the revocation of the license, a disposition may not be made of the seized or sealed low-THC cannabis or drug paraphernalia until the time for administrative appeal of the order has elapsed or until all appeals have been concluded. When a revocation order becomes final, all low-THC cannabis and drug paraphernalia may be forfeited to the state as provided under Subchapter E , Chapter 481 . (d) Chapter 2001 , Government Code, applies to a proceeding under this section. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015. SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS

Tex. HEALTH & SAFETY Code § 487.151. REGISTRATION REQUIRED.

(a) An individual who is a director, owner, manager, member, or employee of a dispensing organization must apply for and obtain a registration under this section. (b) An applicant for a registration under this section must: (1) be at least 18 years of age; (2) submit a complete set of fingerprints to the department in the manner required by department rule; and (3) pass a fingerprint-based criminal history background check as required by Section 487.105 . (c) A registration expires on the second anniversary of the date of the registration's issuance, unless suspended or revoked under rules adopted under this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015. SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES

Tex. HEALTH & SAFETY Code § 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT LOW-THC CANNABIS.

A municipality, county, or other political subdivision may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, storage, dispensing, or possession of low-THC cannabis, as authorized by this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339 ), Sec. 1, eff. June 1, 2015. SUBCHAPTER F. COMPASSIONATE-USE RESEARCH AND REPORTING

Tex. HEALTH & SAFETY Code § 487.251. DEFINITIONS.

In this subchapter: (1) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (2) "Institutional review board" means a compassionate-use institutional review board established under Section 487.253 . Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.252. RULES.

(a) Except as otherwise provided by Subsection (b), the executive commissioner shall adopt all necessary rules to implement this subchapter, including rules designating the medical conditions for which a patient may be treated with low-THC cannabis as part of an approved research program conducted under this subchapter. (b) The Texas Medical Board may adopt rules regarding the certification of a physician by an institutional review board. Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.253. COMPASSIONATE-USE INSTITUTIONAL REVIEW BOARDS.

(a) One or more compassionate-use institutional review boards may be established to: (1) evaluate and approve proposed research programs to study the medical use of low-THC cannabis in treating a medical condition designated by rule of the executive commissioner under Section 487.252 (a); and (2) oversee patient treatment undertaken as part of an approved research program, including the certification of treating physicians. (b) An institutional review board must be affiliated with a dispensing organization and meet one of the following conditions: (1) be affiliated with a medical school, as defined by Section 61.501 , Education Code; (2) be affiliated with a hospital licensed under Chapter 241 that has at least 150 beds; (3) be accredited by the Association for the Accreditation of Human Research Protection Programs; (4) be registered by the United States Department of Health and Human Services, Office for Human Research Protections, in accordance with 21 C.F.R. Part 56; or (5) be accredited by a national accreditation organization acceptable to the Texas Medical Board. Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.254. REPORTS BY INSTITUTIONAL REVIEW BOARDS.

Each institutional review board shall submit written reports that describe and assess the research findings of each approved research program to: (1) the Health and Human Services Commission, not later than October 1 of each year; and (2) the legislature, not later than October 1 of each even-numbered year. Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.255. PATIENT TREATMENT.

(a) Patient treatment provided as part of an approved research program under this subchapter may be administered only by a physician certified by an institutional review board to participate in the program. (b) A patient participating in a research program under this subchapter must be a permanent resident of this state. Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.256. INFORMED CONSENT.

(a) Before receiving treatment under an approved research program, each patient must sign a written informed consent form. (b) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent, guardian, or conservator may provide informed consent on the patient's behalf. (c) An institutional review board overseeing a research program under this subchapter may adopt a form to be used for the informed consent required by this section. Added by Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535 ), Sec. 1, eff. September 1, 2021.

Tex. HEALTH & SAFETY Code § 487.1035. SATELLITE LOCATIONS.

(a) A dispensing organization licensed under this chapter may operate one or more satellite locations in addition to the organization's primary location to securely store low-THC cannabis for distribution. (b) A satellite location must be approved by the department before a dispensing organization may operate the location. A dispensing organization may apply for approval in the form and manner prescribed by the department. (c) The department must act on an application submitted under Subsection (b) not later than the 180th day after the date the application is submitted to the department. (d) The director shall adopt rules regarding the design and security requirements for satellite locations. (e) A dispensing organization may not operate more than one satellite location in a public health region designated under Section 121.007 until the dispensing organization operates one satellite location in each public health region. (f) A location previously approved by the department as a patient pickup location before September 1, 2025, is considered to be approved as a satellite location under Subsection (b) for purposes of this section and is permitted to: (1) operate as a patient pickup location; and (2) securely store low-THC cannabis for distribution. Added by Acts 2025, 89th Leg., R.S., Ch. 710 (H.B. 46 ), Sec. 6, eff. September 1, 2025.

Tex. HEALTH & SAFETY Code § 487.1045. REQUIREMENT OF LICENSE HOLDER TO BEGIN AND MAINTAIN OPERATIONS.

(a) An applicant issued a license to operate a dispensing organization must begin dispensing low-THC cannabis not later than 24 months after the date the license is issued and continue dispensing low-THC cannabis during the term of a license issued under this subchapter. (b) The director shall adopt rules to: (1) monitor whether a dispensing organization is using a license issued under this subchapter to dispense low-THC cannabis; and (2) revoke the license of a dispensing organization that does not dispense low-THC cannabis within the time required by this section or that discontinues dispensing low-THC cannabis during the term of a license. Added by Acts 2025, 89th Leg., R.S., Ch. 710 (H.B. 46 ), Sec. 8, eff. September 1, 2025.

Tex. HEALTH & SAFETY Code § 487.1071. CANNABINOIDS ELIGIBLE FOR DISPENSING.

(a) In this section, "phytocannabinoid" means a chemical substance: (1) created naturally by a plant of the species Cannabis sativa L. that is separated from the plant by a mechanical or chemical extraction process; (2) created naturally by a plant of the species Cannabis sativa L. that binds to or interacts with the cannabinoid receptors of the endocannabinoid system; or (3) produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. (b) A dispensing organization may not dispense a low-THC cannabis product that contains a cannabinoid that is not a phytocannabinoid. Added by Acts 2025, 89th Leg., R.S., Ch. 710 (H.B. 46 ), Sec. 11, eff. September 1, 2025.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026