AUSTIN – Texas lawmakers have approved a bill to expand the state’s medical cannabis program, allowing more patients to access treatment. With the legislative session nearing its end, both the House and Senate reached a consensus on House Bill 46, which modifies the Texas Compassionate Use Program (TCUP).
The legislation increases the number of licensed cannabis providers within the TCUP from three to 15, facilitating better access for patients. Notably, it includes patients suffering from chronic pain and traumatic brain injuries, broadening the scope of those eligible for medical cannabis.
A key debate during the bill’s progress focused on how to define chronic pain for program inclusion. Representative Ken King, the bill’s author, explained that the Senate originally proposed defining chronic pain as any pain persisting for more than 90 days following an opioid prescription. This definition was deemed inadequate, leading to a compromise. The final definition characterizes chronic pain as severe and persistent pain lasting over 90 days, for which THC is considered an effective treatment.
While veterans were not explicitly included in the eligibility criteria, King noted that the new definition of chronic pain would likely encompass many veterans suffering from pain-related conditions. Additionally, lawmakers could not reach a consensus on other conditions such as glaucoma and degenerative disc disease, but the broad chronic pain definition is expected to cover many affected individuals.
Since its inception in 2015, the TCUP has gradually expanded from serving only children with epilepsy to now including patients with post-traumatic stress disorder. Currently, the program provides low-THC cannabis to patients who obtain a prescription from a qualified physician. However, the existing infrastructure includes only three licensed dispensing organizations, which has created accessibility issues, particularly given Texas’s size.
Nico Richardson, CEO of Texas Original Compassionate Cultivation, emphasized the challenges patients face in accessing cannabis products. Patients must either travel to a central facility, arrange a pickup, or have products delivered, which can lead to long wait times. The expansion of providers aims to improve service delivery and reduce waiting periods for patients.
The push for TCUP expansion coincided with separate legislation aimed at banning over-the-counter products containing hemp-based THC, which has raised concerns among some lawmakers. Critics, including State Representative Penny Morales Shaw, voiced worries about the potential impact on individuals who rely on these products for pain management.
Despite the concerns raised, State Representative Tom Oliverson, who authored the amendment shifting the focus from regulation to an outright ban on THC products, maintained that the TCUP would provide appropriate support for patients in need.
Lieutenant Governor Dan Patrick endorsed the THC ban while advocating for the TCUP expansion, asserting that the program would be the largest and best-regulated medical cannabis initiative in the nation. State Senator Charles Perry echoed this sentiment, highlighting the program’s design and regulatory framework.
Both the THC ban and the TCUP expansion are now awaiting the decision of Governor Greg Abbott, who has until June 22 to either sign or veto the legislation. Supporters of the TCUP expansion express optimism about its future, with Representative Tony Tinderholt affirming that the program will safeguard veterans and chronic pain patients alike.
The TCUP’s expansion marks a significant development in Texas’s approach to medical cannabis, potentially improving access for thousands of patients in the state.
English 
Spanish 
German 
Czech