The Real Solution Act HB 420. CannabisAdult This paragraph should be hidden.A BILL TO BE ENTITLED 1 AN ACT 2 relating to the regulation of the cultivation, manufacture, 3 distribution, sale, testing, possession, and use of cannabis and 4 cannabis products; authorizing the imposition of taxes and fees; 5 requiring an occupational license; creating a criminal offense; 6 to border security enhancement projects and the creation of a 7 fund to pay for those projects; to authorizing the possession, 8 use, cultivation, distribution, transportation, and delivery of 9 medical cannabis and the licensing of medical cannabis 10 dispensing organizations. 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 12 SECTION 1. Subtitle C, Title 6, Health and Safety Code, is 13 amended by adding Chapter 491 to read as follows: 14 CHAPTER 491. REGULATION AND TAXATION OF CANNABIS 15 SUBCHAPTER A. GENERAL PROVISIONS 16 Sec. 491.001. SHORT TITLE. This chapter may be cited as 17 the Real Solutions Act. 18 Sec. 491.002. DEFINITIONS. In this chapter: 19 (1) “Adult” means an individual 21 years of age or 20 older. 21 (2) “Cannabis” means the plant Cannabis sativa L., 22 whether growing or not, the seeds of that plant, and every 23 compound, manufacture, salt, derivative, mixture, or preparation 24 of that plant or its seeds. The term includes cannabis 2 1 concentrate. The term does not include: 2 (A) the mature stalks of the plant or fiber 3 produced from the stalks; 4 (B) oil or cake made from the seeds of the 5 plant; 6 (C) a compound, manufacture, salt, derivative, 7 mixture, or preparation of the mature stalks, fiber, oil, or 8 cake; or 9 (D) the sterilized seeds of the plant that are 10 incapable of beginning germination. 11 (3) “Cannabis concentrate” means the resin extracted 12 from a part of the plant Cannabis sativa L. or a compound, 13 manufacture, salt, derivative, mixture, or preparation of the 14 resin. 15 (4) “Cannabis establishment” means an entity licensed 16 by the department under this chapter to process and dispense 17 cannabis and cannabis products to an adult. 18 (5) “Cannabis grower” means an entity licensed by the 19 department to cultivate cannabis for sale and distribution to a 20 cannabis establishment. 21 (6) “Cannabis product” means a product that contains 22 cannabis and is intended for use or consumption by humans, 23 including as an edible product or as a topical product, 24 ointment, oil, or tincture. The term includes products that 25 consist of cannabis and other ingredients. 26 (7) “Cannabis secure transporter” means an entity 27 licensed by the department under this chapter to transport 3 1 cannabis from a cannabis grower to a cannabis establishment. 2 (8) “Cannabis testing facility” means an entity 3 licensed by the department under this chapter to analyze the 4 safety and potency of cannabis and cannabis products. 5 (9) “Commission” means the Texas Commission of 6 Licensing and Regulation. 7 (10) “Cultivate” means to propagate, breed, grow, 8 harvest, dry, cure, or separate parts of the cannabis plant by 9 manual or mechanical means. 10 (11) “Department” means the Texas Department of 11 Licensing and Regulation. 12 (12) “Executive director” means the executive 13 director of the department. 14 (13) “Process” means to separate or otherwise prepare 15 parts of the cannabis plant and to compound, blend, extract, 16 infuse, or otherwise make or prepare cannabis concentrate or 17 cannabis products. 18 SUBCHAPTER B. PROTECTIONS FROM LEGAL ACTION RELATED TO CANNABIS 19 Sec. 491.051. AUTHORIZED CONDUCT: PERSONAL USE OF 20 CANNABIS. (a) An adult is authorized under this chapter to: 21 (1) use, possess, and transport not more than 2.5 22 ounces of cannabis, except that not more than 15 grams of that 23 amount may be in the form of cannabis concentrate; 24 (2) transfer without remuneration to another adult 25 not more than 2.5 ounces of cannabis, except that not more than 26 15 grams of that amount may be in the form of cannabis 27 concentrate and provided that the transfer is not advertised or 4 1 promoted to the public; 2 (3) cultivate for personal use not more than 12 3 cannabis plants in an area on the premises of the adult’s 4 private residence, provided that the cultivation occurs in an 5 enclosed area that is: 6 (A) equipped with locks or other security 7 devices that restrict access to the area; and 8 (B) not visible from a public place without the 9 use of aircraft or optical aids; 10 (4) possess, store, or process on the premises of the 11 adult’s private residence not more than: 12 (A) the amount of cannabis produced from plants 13 cultivated on the premises, provided that: 14 (i) not more than the 12 cannabis plants 15 are possessed, cultivated, or processed on the premises at one 16 time; and 17 (ii) any amount of cannabis in excess of 18 2.5 ounces is stored in a container or area equipped with locks 19 or other security devices that restrict access to the contents 20 of the container or area; and 21 (B) 10 ounces of cannabis that was not produced 22 from plants cultivated on the premises, provided that the amount 23 in excess of 2.5 ounces is stored in a container or area 24 described by Paragraph (A)(ii); 25 (5) use, possess, process, transport, or transfer to 26 another adult without remuneration, an amount of cannabis 27 products specified by rule of the commission as the allowable 5 1 amount of cannabis for purposes of this subdivision; and 2 (6) use, possess, transport, or transfer to another 3 adult without remuneration, cannabis-related drug paraphernalia. 4 Sec. 491.052. AUTHORIZED CONDUCT: RETAIL CANNABIS 5 OPERATIONS. This chapter authorizes the conduct of: 6 (1) a cannabis grower director, manager, or employee 7 who, acting within the scope of the grower’s license: 8 (A) cultivates cannabis or produces cannabis 9 products for sale or transfer to a cannabis establishment; and 10 (B) possesses cannabis or cannabis-related drug 11 paraphernalia; 12 (2) a cannabis establishment director, manager, or 13 employee who, acting within the scope of the establishment’s 14 license, possesses cannabis or cannabis products or transfers or 15 sells cannabis, cannabis products, or cannabis-related drug 16 paraphernalia to an adult; 17 (3) a cannabis secure transporter director, manager, 18 or employee who, acting within the scope of the secure 19 transporter’s license, transports or transfers cannabis or 20 cannabis products from a cannabis grower to a cannabis 21 establishment; and 22 (4) a cannabis testing facility director, manager, or 23 employee who, acting within the scope of the facility’s license, 24 possesses, tests, or transports cannabis, cannabis products, or 25 cannabis-related drug paraphernalia. 26 Sec. 491.053. PROTECTION FROM LEGAL ACTION FOR AUTHORIZED 27 CONDUCT. (a) A person is not subject to arrest, prosecution, 6 1 forfeiture of property, or penalty in any manner or denial of 2 any right or privilege, including any civil penalty or 3 disciplinary action by a court or occupational or professional 4 licensing board or bureau solely due to conduct authorized under 5 Section 491.051 or 491.052. 6 (b) The fact that a person engages in conduct authorized 7 by Section 491.051 or 491.052 does not in itself constitute 8 grounds for denying, limiting, or restricting conservatorship or 9 possession of or access to a child under Title 5, Family Code. 10 Sec. 491.054. PROHIBITION OF CANNABIS ON PRIVATE PROPERTY; 11 EXCEPTION. (a) Except as otherwise provided by Subsection (b), 12 a person may prohibit or restrict the possession, consumption, 13 cultivation, distribution, processing, sale, or display of 14 cannabis or cannabis products on property the person owns, 15 occupies, or manages. 16 (b) A person may not prohibit a residential tenant under a 17 lease agreement from possessing cannabis, cannabis products, or 18 cannabis-related drug paraphernalia or consuming cannabis by 19 means other than smoking on the premises. 20 Sec. 491.055. CONDUCT NOT AUTHORIZED UNDER THIS CHAPTER. 21 This chapter does not authorize the following conduct: 22 (1) operating a motor vehicle while intoxicated or 23 otherwise violating Chapter 49, Penal Code; 24 (2) smoking or otherwise consuming cannabis in: 25 (A) a motor vehicle while the vehicle is on a 26 public road; 27 (B) an aircraft, while the aircraft is in flight 7 1 or in a public area; 2 (C) a watercraft, while the watercraft is on a 3 public waterway; or 4 (D) a public place, unless: 5 (i) the public place is an area designated 6 by a political subdivision as an area where using cannabis is 7 permissible; and 8 (ii) the area described by Subparagraph (i) 9 is not accessible to persons younger than 21 years of age; 10 (3) possessing or consuming cannabis or cannabis 11 products or possessing cannabis-related drug paraphernalia: 12 (A) on the premises of a public or private child 13 care facility, prekindergarten, or primary or secondary school; 14 (B) on a school bus that serves a facility or 15 school described by Paragraph (A); or 16 (C) on the premises of a correctional facility, 17 as defined by Article 18A.251, Code of Criminal Procedure, or a 18 civil commitment facility; or 19 (4) the separation of resin from the cannabis plant 20 by butane extraction or another method that uses a substance 21 with a flashpoint below 100 degrees Fahrenheit in a public place 22 or motor vehicle or within the curtilage of a residential 23 structure. Adult