Bill Analysis for Texas First Full-Scale Medical Marijuana Bill

House Bill 3785 by Rep. Mrquez; Senate Bill 1839 by Sen. Menndez
Who qualifies?
Qualifying patients must be suffering with a debilitating medical condition, have
procured a doctors note, and have registered with the state.
What is a debilitating medical condition in the bill?
Those who are diagnosed by a medical professional with cancer, glaucoma,
AIDS, HIV patients, Crohns disease, ulcerative colitis, Alzheimers, or PTSD.
Those with chronic medical conditions that produce seizures, multiple
sclerosis, wasting syndrome, severe pain/nausea, or other conditions
defined in other areas of state law.
A member of the public can petition for conditions to be added, and the
state must review those petitions at least twice a year.
How does a qualified patient get medical marijuana?
A patient must get a written certification from a practitioner that says that,
in the practitioner's professional opinion, the patient is likely to receive
therapeutic or palliative benefit from the medical use of cannabis to treat
or alleviate the patient's debilitating medical condition or symptoms
associated with the debilitating medical condition.
The qualified patient must present that written certification, along with a
$50 application fee and contact information for the practitioner, to the
state as part of an application process. The patient may also submit
information for designated caregivers, a process overseen by the state.
Once the application process is complete and a patient is approved, which
should take no longer than 35 days, the patient receives a registration card
valid for a maximum time of one year, after which time it must be renewed.

Are medical marijuana stores established by the law?

Four types of business establishments are created by HB 3785:
1.
2.
3.
4.

Medical cannabis cultivation facility

Medical cannabis product manufacturing facility
Independent testing facility
Medical cannabis dispensary

Facilities must be located at least 1,000 feet away from any K-12 public or private
school. Facilities must abide by all local county and jurisdictional regulations and
zoning requirements. In order to be licensed by the state to operate, facilities
must pay the following fees:

Facility Fees Established by HB 3785

Type of Facility

Initial Registration Fee

Renewal Fee

Dispensary

$20,000

$10,000

Cultivation

$3,000

$1,000

Product manufacturing

$3,000

$2,000

Independent Testing

$5,000

$3,000

How is Medical Cannabis Defined?

Medical cannabis may be ingested orally, via edible cannibas products, or
by cannabis-infused products including but not limited to topical
products, ointments, oils, or tinctures.
All medical cannabis must be tested at independent testing facilities, and
the contents of THC and CBD must be clearly marked on the products.
The state must do random-sample testing of all medical cannabis.