Texas Cannabis Control Act #2
fred
This is the second draft of a legislative proposal, which is based
on the Oregon proposal that was posted months ago.
Most of the Oregon proposal has been deleted, what is
left has been reworded. It will definitely
require more revision and editing to make it suitable for
submission to Texas lawmakers, which will hopefully happen before
the next session. The format is obtained from "The Drafting of
Legislative Documents" by Waggoner Carr, Atty. Gen. of Texas 1967.
A more recent style guide may exist, but I couldn't find it in
the Tarlton Law Library at UT-Austin (neither could the librarian).
The arguments in favor of legalization, which were in the Oregon
proposal, have been deleted, with the intention of including
them in a cover letter which will accompany the proposed bill.
The toughest part might be finding a Senator or Representative
who will actually read the thing, and not just heave it into the
trashcan.
___________________________________________________________________
S. B. No.___________ By__________
H. B. No.___________ By__________
A BILL
TO BE ENTITLED
AN ACT providing for the cultivation of and commerce in cannabis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 1. The purpose of this act is to provide for
the licensed cultivation, processing and sale of cannabis.
Section 2. SHORT TITLE. This Act may be cited as the Cannabis
Control Act.
Section 3. DEFINITIONS. As used in this act:
(1) "Abuse" means repetitive or excessive drug use such that the
individual fails to fulfill a statutory or common law duty, including but
not limited to the duties owed by parents to children, by motorists to
pedestrians and other motorists, and by employees to employers, fellow
employees, and the public.
(2) "Cannabis" means the flowering tops and all parts, derivatives,
or preparations of the cannabis plant, also known as "marijuana",
containing
cannabinols in concentrations established by the Commission to be
psychoactive, but does not include those parts and preparations of the
cannabis plant which are defined as not being marijuana by Texas
Health and Safety Code 481.002 (26) (A)-(E).
(3) "Commission" means the Texas Alcoholic Beverage Commission.
(4) "Cultivation" means growing the cannabis plant.
(5) "Hemp" means the resin, resin preparations, mature stalks,
oil or cake made from seeds, sterilized seeds, and all other parts and
preparations of the cannabis plant as defined by Texas Health and
Safety Code 481.002 (26) (A)-(E),
and all other parts, products, and by-products of the cannabis plant not
containing cannabinols in concentrations established by the commission to
be psychoactive.
(6) "Qualified applicant" means a resident of the State of Texas
who is at least 21 years of age and who has no convictions of any
provisions of this Act or of any felony.
Section 4. POct, and shall make such rules
and regulations as will discourage and minimize the diversion of
cannabis to illicit sale or use within the state, the illicit
importation and sale of cannabis cultivated or processed outside the
state, and the illicit export or removal of cannabis from the state.
The Commission's jurisdiction shall extend to any person licensed under
this Act to cultivate, process, or sell cannabis, but shall not extend
to any person who manufactures products from hemp.
(2) The Commission shall issue to any qualified applicant a
license to cultivate cannabis for sale only to licensed processors of
cannabis, and only after approval at a public hearing held by
a licensing board to be established by the Commission.
The license shall specify the areas, plots, and extent of lands to be
cultivated. The Commission shall equitably apportion the purchase of
cannabis among licensees and, unless applications fail to meet expected
demand, shall not purchase from any one licensee more than
ohe Commission shall allow sale of cannabis through
state licensed retail stores and shall set the retail price of cannabis
to minimize incentives to purchase cannabis elsewhere and to discourage
the purchase cannabis for resale or for removal to other states.
Section 8. DISPOSITION OF LICENSE FEES.
The Commission shall collect license fees which shall be
calculated and continually appropriated to defray the Commission's
costs of
(1) issuing, regulating, and auditing licenses;
(2) regulating the processing, testing, grading, shipping, and
storing of cannabis, and providing cannabis at cost as provided for
in this Act.
Section 9. COMMISSION TO DETERMINE POTENCY, SET STANDARDS, AND REGULATE
PURITY AND POTENCY. In consultation with
the Pharmacy Division of the Department of Health, the Commission
shall
(1) determine cannabinol concentrations which produce intoxication
and shall establish reasonable concentrations of cannabinols deemed
psychoactive under this Act.
(2) set stalled Substances Tax, Texas Tax Code
159.001 et seq. and have in their possession all documents and tax
stamps specified.
Section 14. PENALTY. A person who violates Section 11, 12, or 13 of
this Act is guilty of a felony and upon conviction is punishable by a
fine of not more than $1000 and imprisonment of not more than one year.
Section 15. SEVERABILITY CLAUSE. If any provision of this Act or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of the
Act which can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
Section 16. EFFECTIVE DATE. This Act takes effect on ....
fred
This is the second draft of a legislative proposal, which is based
on the Oregon proposal that was posted months ago.
Most of the Oregon proposal has been deleted, what is
left has been reworded. It will definitely
require more revision and editing to make it suitable for
submission to Texas lawmakers, which will hopefully happen before
the next session. The format is obtained from "The Drafting of
Legislative Documents" by Waggoner Carr, Atty. Gen. of Texas 1967.
proposal, have been deleted, with the intention of including
them in a cover letter which will accompany the proposed bill
___________________________________________________________________
S. B. No.___________ By__________
H. B. No.___________ By__________
A BILL
TO BE ENTITLED
AN ACT providing for the cultivation of and commerce in cannabis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 1. The purpose of this Act is to provide for
the licensed cultivation, processing and sale of cannabis.
Section 2. SHORT TITLE. This Act may be cited as the Cannabis
Control Act.
Section 3. DEFINITIONS. As used in this Act:
(1) "Abuse" means repetitive or excessive drug use such that the
individual fails to fulfill a statutory or common law duty, including but
not limited to the duties owed by parents to children, by motorists to
pedestrians and other motorists, and by employees to employers, fellow
employees, and the public.
(2) "Cannabis" means the flowering tops and all parts, derivatives,
or preparations of the cannabis plant, also known as "marijuana",
containing cannabinols in concentrations established by the Commission
to be psychoactive, but does not include those parts and preparations
of the cannabis plant which are defined as not being marijuana by
Texas Health and Safety Code 481.002 (26) (A)-(E).
(3) "Commission" means the Texas Alcoholic Beverage Commission.
(4) "Cultivation" means growing the cannabis plant.
(5) "Hemp" means the resin, resin preparations, mature stalks,
oil or cake made from seeds, sterilized seeds, and all other parts
and preparations of the cannabis plant as defined by Texas Health
and Safety Code 481.002 (26) (A)-(E), and all other parts,
products, and by-products of the cannabis plant not containing
cannabinols in concentrations established by the commission to
be psychoactive.
(6) "Qualified applicant" means a resident of the State of
Texas who is at least 21 years of age and who has no convictions
of any provisions of this Act or of any felony.
Section 4. POWERS AND DUTIES OF THE COMMISSION, LICENSES FOR
CULTIVATION PROCESSING AND SALE.
(1) The Commission shall have the powers necessary
to carry out the provisions of this Act, and shall make such rules
and regulations as will discourage and minimize the diversion of
cannabis to illicit sale or use within the state, the illicit
importation and sale of cannabis cultivated or processed outside the
state, and the illicit export or removal of cannabis from the state.
The Commission's jurisdiction shall extend to any person licensed under
this Act to cultivate, process, or sell cannabis, but shall not extend
to any person who manufactures products from hemp.
(2) The Commission shall issue to any qualified applicant a
license to cultivate cannabis for sale only to licensed processors of
cannabis, and only after approval at a public hearing held by
a licensing board to be established by the Commission.
The license shall specify the areas, plots, and extent of lands to be
cultivated. The Commission shall equitably apportion the purchase of
cannabis among licensees and, unless applications fail to meet expected
demand, shall not allow purchase from any one licensee more than
one one-thousandth of the total purchased.
(3) The Commission shall issue licenses to process cannabis
to qualified applicants who submit successful bids, and only after
approval at a public hearing held by the licensing board.
Licensed processors shall, as specified by the Commission, contract,
cure, extract, refine, mix, and package the entire cannabis crop
and deliver it to the physical possession of licensed retail stores as
soon as possible, but not later than four months after harvest.
Section 5. SALE OF CANNABIS. The Commission shall issue licenses
to sell cannabis to qualified applicants, and only after approval
at a public hearing held by the licensing board.
Section 6. COMMISSION TO PROVIDE CANNABIS AT COST FOR MEDICAL PURPOSES.
The Commission shall provide cannabis at cost:
(a) To licensed Texas pharmacies for use under a physician's order
for glaucoma, nausea related to chemotherapy, or any other condition for
which cannabis is an effective treatment.
(b) To recognized Texas medical research facilities for use in
research directed toward expanding medical and sociological knowledge
of the composition, effects, uses, and abuse of cannabis.
Section 7. COMMISSION TO SET PRICE AND ALLOW SALE THROUGH STATE LICENSED
RETAIL STORES. The Commission shall allow sale of cannabis through
state licensed retail stores and shall set the retail price of cannabis
to minimize incentives to purchase cannabis elsewhere and to discourage
the purchase cannabis for resale or for removal to other states.
Section 8. DISPOSITION OF LICENSE FEES.
The Commission shall collect license fees which shall be
calculated and continually appropriated to defray the Commission's
costs of issuing, regulating, and auditing licenses; regulating
the processing, testing, grading, shipping, and storing of cannabis,
and providing cannabis at cost as provided for in this Act. All
remaining revenue from license fees shall be disbursed to the
Comptroller of Public Accounts.
Section 9. COMMISSION TO DETERMINE POTENCY, SET STANDARDS, AND REGULATE
PURITY AND POTENCY. The Commission shall
(1) determine cannabinol concentrations which produce intoxication
and shall establish reasonable concentrations of cannabinols deemed
psychoactive under this Act.
(2) set standards of potency which must be maintained by licensees,
and regulate the purity and potency of all cannabis which is sold by
licensed retail stores.
(3) require that all cannabis sold be packaged to include a
label affixed by the processor certifying the purity and potency,
the date of harvest, a warning as to the potential for abuse and
the potential deleterious effects to the health as a result of
consumption of cannabis, and notice of laws prohibiting resale, removal
from the state, public consumption, and provision to minors.
Section 10. COMMISSION MAY LIMIT PURCHASES. The Commission may
limit the quantity of cannabis purchased by a person at one time
or over any length of time and may refuse to sell cannabis to any
person who violates this Act's provisions, or who abuses cannabis.
Section 11. POSSESSION BY MINORS PROHIBITED.
No person under the age of 21 may possess cannabis, with the
exception of persons of age 18 years or older who are under the direct
supervision of a parent or legal guardian, while in their legal
domicile.
Section 12. UNLICENSED CULTIVATION, PROCESSING, SALE, OR REMOVAL FROM
THE STATE PROHIBITED.
Unlicensed cultivation, processing, sale, or removal of cannabis from
the State of cannabis shall be prohibited.
Section 13. TAXATION. All persons who cultivate cannabis,
process cannabis, sell cannabis, or possess cannabis for sale must pay
all taxes required by the Controlled Substances Tax, Texas Tax Code
fred
S. B. No.___________ By__________
H. B. No.___________ By__________
A BILL
Control Act.
employees, and the public.
be psychoactive.
CULTIVATION PROCESSING AND SALE.
(b) To recognized Texas medical research facilities for use arch