Legislation providing the biggest expansion of Texas’ Compassionate Use Program since it was established in 2015 is now in effect.
As of September 1, House Bill 46 is now in effect, broadening patient access, increasing dosage limits, and adding new product options for the state’s Compassionate Use Program.
The law now allows doctors to recommend medical marijuana for patients with chronic pain, Crohn’s disease, traumatic brain injury, terminal illnesses, and those receiving hospice or palliative care. Previously, the program was restricted to a narrow list of qualifying conditions, leaving many patients without access.
Dispensaries can now offer products beyond oils and edibles, with patches, lotions, suppositories, and inhalable options such as inhalers and vaporizers allowed once approved by health officials. The law also raises the cap from 1% THC by weight to 10 milligrams per dose, with no more than 1 gram of THC per package.
HB 46 directs the Department of Public Safety to issue 12 additional dispensary licenses, bringing the total to 15. The application process is underway with a September 15 deadline. License holders must open within two years and may establish satellite locations to expand availability across the state. Physicians can now issue medical marijuana prescriptions valid for one year with up to four 90-day refills.
State agencies must finalize rules by October 1 to guide physicians, dispensaries, and regulators under the new system. The Texas Medical Board is also tasked with creating a system to track prescriptions.
The Compassionate Use Program, established in 2015, has long been among the most restrictive in the nation. Although the program remains heavily restrictive, lawmakers and advocates say HB 46 marks Texas’s most significant step forward on marijuana policy in years.
The enactment of HB 46 comes as legislation to ban hemp THC remains stalled in the House, despite overwhelmingly passing the Senate multiple times this year.
More articles from The Marijuana Herald can be found below.
