Just one day before the deadline, Gov. Greg Abbott signed House Bill 46 into law, ensuring a significant improvement and expansion of the Compassionate Use Program (TCUP). This big change makes Texas the 40th state to establish a comprehensive medical cannabis program!
The bill adds several qualifying conditions and allows the use of cannabis patches, lotions, and suppositories as well as approved inhalers, nebulizers, and vaping devices.
To ensure adequate patient access, HB 46 instructs the Department of Public Safety (DPS) to issue 15 dispensing licenses, which must be located strategically within Texas’ public health regions. The bill also allows dispensing organizations to open approved satellite locations.
While there are still shortcomings, including outrageous licensing fees and a real need for regulatory accountability, many more patients now have access to the program with more product choice.
Policy Overview: House Bill 46
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.