On May 13, Texas House lawmakers passed House Bill 46, expanding the state’s Compassionate Use Program, which allows patients to access low-THC cannabis for treating various medical conditions. Currently, the program covers ailments like epilepsy, cancer, and post-traumatic stress disorder. The new bill significantly broadens the list of qualifying conditions, adding Crohn’s disease, traumatic brain injuries, and chronic pain.
Under the proposed changes, the Texas Department of State Health Services will gain the authority to add further conditions as deemed necessary. Military veterans will also benefit from this expansion, allowing licensed physicians to prescribe low-THC cannabis for any condition they believe could improve with medical use.
The legislation increases the number of operational medical cannabis dispensaries in Texas from three to up to 15. Furthermore, it permits these dispensaries to establish satellite locations to store medications, facilitating easier access for patients.
Representative Ken King, the bill’s author, emphasized the ongoing struggles Texans face in obtaining legal medical cannabis. He stated, ‘Texans still struggle to get access to the medicine that they are legally allowed to receive.’ The Texas House approved HB 46 with a vote of 122-22, sending it to the Senate for further consideration.
A similar proposal, Senate Bill 1505, seeks to authorize six licensed dispensaries and satellite locations. While SB 1505 has passed a Senate committee, it is yet to be reviewed by the full Senate. Lawmakers have until late May to finalize legislation, as the current 140-day regular session concludes on June 2.
During the House discussions, Representative Penny Morales Shaw highlighted the bill’s importance for rural Texans, stating, ‘Too many of our fellow Texans are forced to either suffer or self-medicate because they don’t have sufficient access.’ She advocated for the bill as a safer alternative to opioids, which pose significant addiction risks.
Texas’s three medical cannabis providers—Texas Original, goodblend, and Fluent—currently operate from Central Texas. Presently, patients often face long drives to pick up their medications due to existing restrictions that prevent providers from storing products in multiple locations. Texas Original’s CEO, Nico Richardson, noted the logistical challenges, explaining, ‘We have to provide reasonable access to patients across Texas, and our regulations are not allowing us to do that.’
If HB 46 is enacted, dispensaries would function more like conventional pharmacies, allowing same-day medication access for most patients. This change could also lower medication costs, as patients currently bear the full expense without insurance coverage.
Currently, Texas medical cannabis providers can only sell topical medications, tinctures, and edibles like gummies. HB 46 would allow doctors to prescribe aerosol and vaporized products, which could provide faster relief for some conditions. Dr. Matthew Brimberry, a licensed cannabis prescriber in Austin, explained that inhalable products could be more effective for patients with acute symptoms, as they act more quickly than edibles.
As the House considered HB 46, discussions also touched on Senate Bill 3, a separate proposal aimed at imposing stricter regulations on THC products sold in Texas. King clarified that his bill is distinct from SB 3, which intends to ban certain consumable hemp and THC products outside the medical cannabis framework. Lieutenant Governor Dan Patrick has referred to unregulated THC products as ‘potent poison’ and advocates for tighter controls.
SB 3 is scheduled for a House debate on May 20, as lawmakers continue to navigate the evolving landscape of cannabis regulation in Texas. With growing public support for medical cannabis and increasing legislative activity, the future of cannabis access in Texas appears to be shifting towards a more inclusive approach.
