House Bill 46 aims to improve the Texas Compassionate Use Program (TCUP) and has evolved at nearly every stage of the legislative process. After passing the House as a great bill to improve and expand patient access to medical cannabis, the bill was amended by the Senate State Affairs Committee to be far more restrictive.
Late on Tuesday, May 27, the Texas Senate discussed, amended, and passed HB 46. Several amendments were offered by the bill sponsor, Sen. Charles Perry, to further expand the program and provide guidance for the licensure process. A full breakdown of the bill as amended can be found here.
Status: 05/27/2025 Passed by the Senate Unanimously Next Step: Final House Approval (or Conference Committee)
ACTION: Send your legislators a thank you note for their support of medical cannabis!
HB 46 passed unanimously and now heads to the House for final consideration. The House can concur with Senate amendments and send the bill to Governor Abbott or they can contest the amendments and send the bill to conference committee.
Here’s a look at the Senate amendments*:
- Any TCUP business owners with more than 10% stake in the company are required to submit fingerprints for a background check and register with the Department of Public Safety (DPS).
- DPS will issue nine additional licenses. The first 3-6 licenses can be issued to companies in the pool of applicants from 2023. Six licenses must be issued by Oct. 1, 2025. An additional three licenses must be issued by April 1, 2025. Preference will be given to Texas companies when possible.
- Patients may purchase up to a 90-day supply. (Clarifying amendment.)
- Additional Qualifying Conditions: Chronic pain, terminal condition, or on hospice. Chronic (vs acute) pain defined by the Texas Medical Board.
- Rules must be proposed by Oct. 1, 2025.
*This summary is based on what was said by Sen. Perry on the floor of the Senate. Once the amendments are made public, we will share the new language and make any necessary clarifications.
A full breakdown of the bill as amended in committee can be found here.