1. (a) A pulmonary inhalation device is a device designed, marketed, and dispensed to allow a patient to inhale an aerosolized or vaporized substance.
2. (b) A pulmonary inhalation device must not burn or ignite a substance for the purpose of inhaling smoke.
3. (c) A qualifying physician under Texas Occupations Code Chapter 169 may, but is not required to, prescribe pulmonary inhalation as the means of administration for low-THC cannabis to a patient who is qualified to receive a low-THC cannabis prescription.
4. (d) A licensed dispensing organization, as defined in Texas Health and Safety Code Chapter 487, may submit a form to DSHS to request approval of a pulmonary inhalation device that may be dispensed to a patient for the pulmonary inhalation of low-THC cannabis.
5. (e) A request under subsection (d) of this section must be submitted using the form, Request to Add Medical Conditions for Which a Physician May Prescribe Low-THC Cannabis or Add Pulmonary Inhalation Devices for Low-THC Cannabis, located on the DSHS website.
6. (f) A request under subsection (d) of this section must include an attestation from the requester that the proposed pulmonary inhalation device is safe and effective for the pulmonary inhalation of low-THC cannabis.
7. (g) The Texas Department of State Health Services must review pulmonary inhalation devices every four months with stakeholders to determine potential changes to this section.

Source Note:The provisions of this §1.63 adopted to be effective November 30, 2025, 50 TexReg 7730.