Texas Becomes 40th State to Legalize Medical Cannabis
Over the weekend, Governor Greg Abbott (R) signed a medical cannabis expansion bill (HB 46) into law, making Texas the 40th state to legalize cannabis for medical use.
The final version of HB46 includes several improvements to the Texas Compassionate Use Program (TCUP), such as adding chronic pain, Crohn’s disease and traumatic brain injury as qualifying conditions. It also adds methods of delivery to include lotions, patches, suppositories, pulmonary inhalation with approved nebulizers, inhalers and vaporizers (when directed by a doctor).
Further, the bill replaces the current limit of 1% THC by weight with up to 10 milligrams per dose and a package not to exceed 1 gram of THC. The bill also requires The Department of Public Safety to issue 12 more licenses for dispensing organizations (for a total of 15 total). Dispensing organizations must become operational within 24 months after the license is issued.
“For too long, the existing Texas Compassionate Use Program has been severely limited, leaving countless Texans without the relief they desperately need. Texans have spoken, and their voices have been heard. HB 46 will expand access to medical cannabis, a relatively safe and effective treatment option that has long been sought by patients suffering from pain and several other serious medical conditions,” said Kevin Caldwell, Southeast Legislative Manager at the Marijuana Policy Project, in a statement.
Texas House Bill 46 Policy Overview
According to the Texas Cannabis Policy Center, below is the full list of improvements that House Bill 46 is adding to the TCUP.
Patient Access and Product Availability:
Prescriptions: Patients would be certified for 1 year, with (4) 90-day supply refills of medication. Prescriptions would be monitored by the Texas Medical Board.
Product Availability: Allows the use of cannabis patches, lotions, and suppositories as well as approved inhalers, nebulizers, and vaping devices. Total THC is limited to 10mg/dose and 1 gram of THC per package. To be most effective, inhalable products (vape/inhalers) are not limited to 1% THC. Limits cannabinoids in products to natural phytocannabinoids.
Qualifying Conditions: Grants access to program for patients with chronic pain, traumatic brain injury, Crohn’s disease, and any terminal illness or condition for which a patient is receiving hospice or palliative care.
Licensing and Regulation:
Limited Licenses: Department of Public Safety (DPS) would be required to issue 15 total licenses.
Regional Access: New or renewed licenses would be issued strategically to ensure adequate patient access in each of Texas’ public health regions.
Satellite Locations: With approval from DPS, licensed dispensing organizations could open one or more satellite locations in addition to their primary location. Requires DPS to establish rules about the design and security of satellite locations.
Active Licenses: Dispensing organizations would be required to begin operations within 24 months of receiving their license and must maintain production in order to retain their license. All new dispensaries must be 1,000 ft. from any school.
Licensing Process: DPS will issue nine additional licenses by Dec. 1, 2025 and three additional licenses must be issued by April 1, 2026.
Pulmonary Inhalation: The Department of State Health Services (DSHS) commissioner will establish rules relating to products/devices for the purpose of pulmonary inhalation (inhaler, vape, nebulizer).
Prescription Monitoring: The Texas Medical Board (TMB) will establish rules and procedures for oversight and monitoring of physicians to prevent over prescribing.
HB 46 goes into effect on September 1, 2025 and all necessary DPS and DSHS rules must be adopted by October 1, 2025, according to the Texas Cannabis Policy Center. TMB must adopt rules for monitoring prescriptions as soon as reasonably possible.
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