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Texas Occupations Code - OCC § 169.003. Prescription of Low-THC Cannabis

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 169.003. Prescription of Low-THC Cannabis - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-169-003/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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