House Bill 46 aims to improve and expand the Texas Compassionate Use Program (TCUP). The bill allows patients to use cannabis patches, lotions, and suppositories as well as approved inhalers, nebulizers, and vaping devices.
If passed, the list of qualifying conditions would expand significantly, to include those with chronic pain, glaucoma, traumatic brain injury, spinal neuropathy, Crohn's disease or other inflammatory bowel disease, degenerative disc disease, a terminal illness or condition for which a patient is receiving hospice or palliative care, or any medical condition designated by DSHS. Honorably discharged veterans may use cannabis for any medical conditions.
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.
Status: 05/13/2025 H Passed Third Reading in House (122-21)
Join us in calling on the Senate to support House Bill 46, which improves and expands the Compassionate Use Program!
With a bipartisan super-majority vote of 122-21, the Texas House of Representatives has passed Chairman King's HB 46 to expand and improve patient access to medical cannabis.
Next Step: HB 46 was quickly referred to the Senate State Affairs Committee, which will host a public hearing. Date: TBD.
There were a few changes made through floor amendments, including Rep. Oliverson's prescription monitoring and Chairman King's own amendment improving patient access.
Chairman King's amendment removed the 1 gram THC limit per package, changed the requirement from 11 to 15 business licenses total, removed the 1% cap on inhalation products, and removed the restriction on "naturally occurring chemical substance from the cannabis plant that is not a phytocannabinoid."
NOTE: Rep. Ashby was absent, but made a note in the journal that he would have voted NO if he was present. Representatives Dorazio and Kerwin were shown as voting YES, but meant to vote NO. Representatives Pierson and Schoolcraft were shown as voting NO, but meant to vote YES.
The official journal for votes (May 12 and 13) on HB 46 can be found here.
On Monday, April 14, the House Public Health Committee hosted a hearing on Chairman Ken King's HB 46. Witnesses waited more than 13 hours to testify in support of this bill, which would improve and expand the Texas Compassionate Use Program. Testifying witnesses included patients, caregivers, business operators, and medical professionals.
Chairman King's committee substitute for HB 46 adds chronic pain as a qualifying condition. This is great news! This important change allows Texas patients to use cannabis as an alternative to opioids.
Chairman King closed out the hearing with the following:
"One thing that's not talked about in here is hospice care. I'm gonna tell you right now, y'all have heard me a lot over the years talk about my mother. I watched her die over 10 1/2 weeks in hospice. And if I had it to do over again, instead of giving her the poison they were shoving down her, I would have gone to Colorado and bought a joint. That's just me. I don't use it myself, but I hope for your favorable consideration on this bill. And if you have suggestions, I'm open to them." (Watch this moment.)
There may be further amendments to the bill before it's passed out of committee. Stay tuned for updates!
Patient Impact
Business Impact
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.
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