Texas Bill to Allow Medical Marijuana for Chronic Pain Could Soon Advance in the Senate

House-approved legislation to expand Texas’ list of qualifying medical marijuana conditions, while replacing the current THC cap, has received a new committee assignment in the Senate and may soon receive a hearing and a vote.

The House of Representatives recently voted 121 to 23 to pass House Bill 1805, sponsored by Representative Stephanie Klick with over 40 cosponsors. This moved the measure to the Senate, which last month was referred to the Senate Health and Human Services Committee. However, a few days back rereferred to the Water, Agriculture, and Rural Affairs Committee.

Bryan Shufelt, Chief-of-Staff for Representative Klick, tells us that the measure was likely reassigned because Senator Charles Perry, who serves as Chair for the Water, Agriculture, and Rural Affairs Committee, is carrying House Bill 1805 in the Senate.

A spokesperson for Senator Perry tells us that although a specific date has not been determined for when a hearing or vote may take place on HB 1805 in committee, she says “we’re working on, we’re definitely working on it”. Given Senator Perry is sponsoring the bill in the Senate, it’s all but guaranteed that a hearing will take place at some point before the end of the legislative session on May 29.


House Bill 1805 would add chronic pain “for which a physician would otherwise prescribe an opioid” to the state’s list of medical ailments that qualify an individual to become a medical marijuana patient. The legislation would also replace the 1% cap on THC content by instead instituting a volumetric dose of 10mg.

HB 1805 also empowers the Department of State Health Services to add additional qualifying condition through an administrative process.

Under the state’s current medical marijuana program qualifying conditions include autism, cancer, multiple sclerosis, epilepsy, a seizure disorder, spasticity, amyotrophic lateral sclerosis, an incurable neurodegenerative disease or post-traumatic stress disorder (PTSD).

The full text of House Bill 1805 can be found by clicking here.

A separate Texas bill that would decriminalize the personal possession of marijuana and marijuana concentrates was passed by the House less than two weeks ago, and is currently awaiting committee assignment in the Senate.

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