Texas may expand medical marijuana eligibility under HB 46

Medical Cannabis Bill Awaits Governor's Signature in Texas

While Texans await the fate of a revised bill that could prohibit recreational THC use, another cannabis bill, House Bill 46, introduced by Rep. Ken King, awaits Governor Greg Abbott's signature. This measure expands Texas' medical marijuana program, permitting patients to use cannabis patches, lotions, prescribed inhalers, and vaping devices.

Current State of Medical Cannabis in Texas

Medical marijuana is partially legal in Texas, thanks to the Compassionate-Use Act passed in 2015. The act allows low-THC cannabis products for patients with intractable epilepsy and was later expanded in 2019 and 2021 to include other conditions, such as:

• epilepsy
• seizure disorders
• multiple sclerosis
• spasticity
• amyotrophic lateral sclerosis
• autism
• cancer
• post-traumatic stress disorder
• an incurable neurodegenerative disease

Requirements for Medical Cannabis

To qualify for medical cannabis, a physician must:

• Ensure the patient is a permanent Texas resident
• Comply with registration requirements
• Certify that the patient has been diagnosed with one of the qualifying conditions, including:
  • Epilepsy
  • A seizure disorder
  • Multiple sclerosis
  • Spasticity
  • Amyotrophic lateral sclerosis
  • Autism
  • Cancer
  • An incurable neurodegenerative
  • Post-traumatic stress disorder
  • A condition that causes chronic pain
  • Traumatic brain injury
  • Crohn's disease or other inflammatory bowel disease
  • A terminal illness or a condition for which a patient is receiving hospice or palliative care
  • A medical condition that is approved for a research program

Provisions of HB 46

If signed into law, Texas HB 46 would:

• Expand qualifying conditions to include chronic pain, traumatic brain injury, Crohn’s disease, and terminal illnesses
• Allow new product forms, such as cannabis patches, lotions, suppositories, inhalers, nebulizers, and vaping devices
• Limit products to 10mg per serving and one gram per package
• Establish regulatory oversight by The Texas Medical Board and the DPS for dispensary operations

Implementation Timeline

If Governor Abbott signs HB 46, it will take effect on September 1, 2025, with all required regulations finalized by October 1, 2025. By December 1, 2025, nine new businesses must receive licenses, followed by an additional three licenses issued by April 1, 2026. For more information, visit https://texascannabispolicy.org/texas-hb-46-overview and https://statutes.capitol.texas.gov/Docs/OC/htm/OC.169.htm#169.003.