On Monday, April 14 the House Public Health Committee will consider Rep. King’s HB 46, a bill that aims to improve the Texas Compassionate Use Program (TCUP). The bill defines the allowable amount of THC in terms of milligrams (rather than % by weight) and 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 11 dispensing licenses, which must be located strategically within Texas’ 11 public health regions. The bill also allows dispensing organizations to open approved satellite locations.
House Bill 46: Policy Overview and Recommendations
Patient Impact
- Prescription Limits: Patients would be prescribed a 90-day supply of medication. Total THC would be limited to 20mg per dose and 1.2g per package.
- Product Availability: Allows the use of cannabis patches, lotions, and suppositories as well as approved inhalers, nebulizers, and vaping devices.
Policy Recommendation: While we support this bill and its efforts to improve TCUP, the proposal should also include additional qualifying conditions so more patients have access the the program. Ideally, doctors would decide if a patient can benefit from medical cannabis.
At minimum, patients suffering from severe pain should have the opportunity to use cannabis as an alternative to dangerous and addictive opioids.
Business Impact
- Satellite Locations: With approval from DPS, licensed dispensing organizations could open one or more satellite locations in addition to their primary location.
- Limited Licenses: DPS would required to issue 11 licenses.
- Regional Access: New or renewed licenses would be issued strategically to ensure adequate patient access in each of Texas’ 11 public health regions.
- 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.
If passed, HB 46 would go into effect on September 1, 2025 and all necessary rules must be adopted by October 1, 2025.
Policy Recommendations: In the spirit of free enterprise and innovation, we recommend removing the statutory cap on the number of licenses. Let the Department of Public Safety determine the appropriate number of licenses based on patient need, population, and infrastructure.
Additionally, licensing fees should be reconsidered. The current $488,000 initial fee and $315,000 renewal fee every two years create a barrier to entry and limit competition—especially for small businesses.
REMINDER: All communications with lawmakers should be respectful and professional to make the best impression. This issue is too important for anything less than our very best efforts.
Submit Public Comment Online
Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned. Submit public comments.
Submit Written Testimony in Person
Written testimony is a great way to share your personal story or professional experience with committee members. It’s recommended that you limit written testimony to 1-2 pages. Be sure to clearly indicate the bill number and your position on the bill.
Print 20 copies of your testimony and deliver it to the committee clerk in the hearing room.
Support HB 46 in Person, No Testimony
Testifying at a public hearing might not be for you, but you are encouraged to SHOW UP AT THE CAPITOL in support of HB 46. You can sign up in SUPPORT of Rep. King’s bill without testifying. This is a great way to show support for the cause without the pressure of testifying before the Public Health Committee Committee. Learn more about registering in support of HB 46.
Testify During the Hearing (2min)
It’s important for lawmakers to understand how proposed legislation will impact people across the state. If you have a compelling story to share or professional experience that can inform committee members, it may be helpful for you to testify. Testimony will be limited to 2 minutes per person.
We recommend keeping your remarks concise and respectful. Use your written testimony to expand on your background and position on this bill. You can also attach additional resources to your testimony. Try to avoid repeating points that have been made by other witnesses and do your best to speak directly to the committee, rather than reading, if you can avoid it. Learn more about how to sign up to speak.
Parking and Accessibility
Parking is limited around the Capitol Complex. Capitol Visitors Parking Garage: 1201 San Jacinto Blvd, Austin, Texas 78701.
Alternative parking options available here. Click here to find the ADA accessibility map of the Capitol.