HB 1365

86(R) - 2019
House Public Health
House Public Health

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Eddie Lucio III
Rafael Anchia
Lyle Larson
Senfronia Thompson
John Zerwas


Alma A. Allen
Michelle Beckley
Cesar Blanco
Rhetta Andrews Bowers
John H Bucy III
Briscoe Cain
Gina Calanni
Sheryl Cole
Philip Cortez
Yvonne Davis
Alex Dominguez
Jessica Farrar
Art Fierro
Charlie Geren
Barbara Gervin-Hawkins
Mary Gonzalez
Vikki Goodwin
Bobby Guerra
Ryan Guillen
Roland Gutierrez
Ana Hernandez
Abel Herrero
Gina Hinojosa
Donna Howard
Todd Hunter
Celia Israel
Jarvis Johnson
Julie Johnson
Kyle Kacal
Stan Lambert
J.M. Lozano
Armando Martinez
Theresa Meza
Ina Minjarez
Joe Moody
Christina Morales
Sergio Munoz Jr.
Jim Murphy
Victoria Neave
Poncho Nevarez
Tom Oliverson
Evelina Ortega
Leo Pacheco
Tan Parker
Mary Ann Perez
Dade Phelan
Ana-Maria Ramos
John Raney
Ron Reynolds
Eddie Rodriguez
Ramon Romero Jr.
Toni Rose
Jon E. Rosenthal
Carl Sherman
James Talarico
Chris Turner
Gary VanDeaver
James White
Gene Wu
Bill Zedler
Erin Zwiener

Bill Caption

Relating to authorizing the possession, use, cultivation, processing, distribution, transportation, research, testing, and delivery of low-THC cannabis for medical use by patients with certain debilitating medical conditions and the licensing of cannabis dispensing organizations, cannabis research organizations, and cannabis testing facilities; establishing the cannabis therapeutic research review board; authorizing fees

Fiscal Notes

Because the fees imposed by the bill and the number of potential testing facility and research organization applicants is unknown, the revenue implications cannot be determined. However, Health and Safety Code, Section 487.052, requires the Department of Public Safety to set fees for the program at a level that is sufficient to cover the cost of its administration, so there would be no fiscal impact to the State.

Bill Analysis

HB 1365 would legalize low-THC medical cannabis in the state, under certain conditions.  The bill would permit physicians to prescribe low-THC cannabis to individuals with debilitating medical conditions and would allow individuals to possess an amount of low-THC cannabis not to exceed a 30-day supply of the prescribed amount.  This bill would additionally issue protections from legal action for the production of cannabis if the intent is for a medicinal purpose.

The bill would also allow for cannabis testing facility and research organization licenses (issued by the Texas Department of Public Safety) and would ease the ability of cannabis dispensary license holders to expand to additional retail locations.  DPS would be granted additional authority to adopt a host of applicable rules, regulations and procedures related to low-THC medical cannabis and applicable licenses.

The bill would additionally rename the Therapeutic Research Program to the Cannabis Therapeutic Research Program and would make various changes to its composition, duties and procedures relating to the research and oversight of low-THC cannabis for medical purposes in the state. Lastly, the bill would prohibit a student from being from being suspended, expelled, etc. due to their use or possession of prescribed low-THC cannabis. 

Vote Recommendation Notes

Texas Action supports HB 1365 because it adheres to the principles of limited government by removing barriers to proper medicinal treatment of a patient by their physician, if the physician believes it is medically necessary for the patient to be prescribed low-THC medical cannabis.