This week, the Texas House of Representatives passed a significant piece of legislation aimed at expanding the Texas Compassionate Use Program (TCUP), which provides medical cannabis to Texans with qualifying medical conditions. House Bill (HB) 46, introduced by Rep. Ken King (R-Canadian), seeks to broaden the scope of the program, increase access, and offer new treatment options to a wider range of patients.
Rep. King, in his remarks on the House floor, emphasized the urgency of the bill. He explained that despite the legal framework allowing patients to receive medical cannabis, many Texans still face significant barriers to access. "Texans still struggle to get access to the medicine they're legally allowed to receive," he stated, highlighting the lack of licensed dispensing organizations and limitations on how and where products can be stored and distributed.
Expanding Access to Medical Cannabis
The Texas Compassionate Use Act, established in 2015, initially allowed physicians to prescribe low-dose THC cannabis for patients suffering from specific conditions like intractable epilepsy, certain types of cancer, and post-traumatic stress disorder (PTSD). Under HB 46, the list of qualifying medical conditions will be expanded to include glaucoma, traumatic brain injuries, Crohn’s disease, and any terminal illness or condition where a patient is receiving hospice or palliative care. Additionally, veterans who could benefit from medical cannabis to address a medical condition will now be eligible for the program.
Another significant feature of the bill is the expansion of treatment methods. HB 46 will authorize the use of “aerosolized” or “vaporized” cannabis products, offering patients alternative ways to consume medical cannabis. This change could be especially beneficial for patients who may have difficulty with traditional consumption methods, such as smoking.
Expanding Access Through More Dispensing Locations
One of the key provisions of HB 46 is the expansion of dispensing access. The bill will increase the number of licensed dispensaries and authorize satellite locations across all public health regions of Texas. Rep. King noted that expanding the number of dispensing organizations will help address the existing shortage of providers and improve accessibility for patients across the state.
Rep. King also offered a perfecting amendment that includes several important revisions. The amendment would “grandfather” in existing satellite TCUP locations, revise THC content limits beyond the current “one percent by weight” restriction, and establish clear timelines for approving medical inhalation devices.
Additionally, Rep. Tom Oliverson (R-Cypress) added an amendment requiring physicians who prescribe low-THC cannabis to report prescription data to the Texas State Board of Pharmacy, further enhancing transparency and oversight in the program.
Bipartisan Support for Medical Alternatives
The bill has garnered significant bipartisan support, with lawmakers from both parties voicing their support for the initiative. Rep. Penny Morales Shaw (D-Houston) highlighted the growing need for alternatives to opioids, especially in communities where addiction and overdose rates are high. She shared that many of her constituents have expressed a desire for non-addictive pain management options, and HB 46 would provide them with an alternative to dangerous drugs like opioids.
“This bill empowers individuals and families to avoid those dangerous drugs,” Rep. Morales Shaw said, underscoring the potential public health benefits of expanding the TCUP program.
Next Steps in the Legislative Process
While the bill has passed the Texas House with a strong majority—118 votes in favor and 16 against—it is far from law. The bill now moves to the Senate, where it will be assigned to a committee for further review. If passed by the Senate, HB 46 will then head to Gov. Greg Abbott's desk for final approval.
Rep. King clarified that HB 46 does not address hemp, a separate issue that has been a point of contention in the legislature. While some recent bills seek to ban certain consumable hemp products, those proposals are not part of the current legislation. The matter of hemp products continues to stir debate, with Lt. Gov. Dan Patrick prioritizing the issue in the Senate.
Conclusion
The passage of HB 46 marks a significant step toward expanding access to medical cannabis for Texans in need. With widespread bipartisan support and backing from medical professionals and advocacy groups, the bill aims to improve patient care, reduce reliance on opioid prescriptions, and provide more options for people suffering from a variety of qualifying medical conditions. As the legislation moves through the Senate, it remains to be seen how it will evolve, but its passage in the House represents a crucial milestone in the ongoing evolution of medical cannabis policy in Texas.
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