The medical marijuana industry in Texas may be on the verge of transformation. The Texas House of Representatives recently passed House Bill 46 (HB 46), a proposal that seeks to expand the state’s restrictive medical marijuana program. Sponsored by Representative Ken King (R) and co-sponsored by Penny Morales Shaw (D), the bill is now heading to the Senate, where its success could redefine access to cannabis-based treatments for Texans.
This potential change is significant. Texas historically has one of the most limited medical marijuana programs in the country, often criticized for its exclusivity and lack of accessibility. But HB 46 represents a step toward inclusivity and competition in an evolving cannabis marketplace.
What Does the Bill Aim to Do?
HB 46 aims to address many of the long-standing complaints about Texas’ medical marijuana program. Introduced in 2015 under the Texas Compassionate Use Act, the state’s program allows low-THC (under 1% by weight) cannabis for a very narrow group of patients. HB 46 improves access across multiple fronts:
Additional Qualifying Conditions
Currently, conditions like epilepsy, cancer, and PTSD are eligible. HB 46 would expand this list to include chronic pain, Crohn’s disease, traumatic brain injuries, glaucoma, and degenerative disc disease. Terminally ill patients and military veterans, who often face unique health challenges, would also see increased access. Significantly, this bill would provide access for chronic pain sufferers as an alternative to addictive opioids.
Expanded Cannabis Products
Beyond the tinctures and edibles currently permitted, HB 46 would allow patients to access cannabis in forms such as patches, lotions, suppositories, and even approved vaping devices. This broadens treatment options and allows patients to tailor usage to their specific medical needs.
More Dispensaries and Satellite Locations
One of the biggest criticisms of the program has been its geography. Texas is the second-largest state in the U.S., yet only three licensed dispensaries exist statewide. Under HB 46, licensing would expand to include at least 11 dispensary operators, with each operating within Texas’ public health regions. New dispensary satellite locations would further spread accessibility, making it easier for rural residents to access their medicine.
Changes to Dosage Regulations
Previously capped at 1.2 grams per patient, HB 46 eliminates this restriction and puts dosage decisions in the hands of physicians. Patients can now receive tailored dosage recommendations, ensuring therapeutic needs are effectively met.
This bill is a much-needed step forward for a state where medical cannabis patients have struggled for years to gain meaningful access.
Medical Marijuana’s Need to Compete with Texas’s Thriving Hemp Industry
While HB 46 is noteworthy for improving patient access, it also addresses a significant competitive issue for the medical marijuana program in Texas. The state’s hemp industry has inadvertently undercut the medical program’s viability, which we’ve seen all across the US with states that have a medical marijuana program.
When hemp was legalized, it led to an explosion of hemp-derived THC products on the market. These products—including Delta-8 and Delta-10 variants, which provide psychoactive effects similar to traditional cannabis—are available in countless smoke shops without requiring a prescription. For many Texans, unregulated hemp products offer a cheaper and more accessible alternative to medical marijuana.
The unintended fallout? Despite being more controlled and targeted for medical use, the state’s restrictive medical cannabis program struggles to compete with the variety and convenience offered by the hemp market. Hemp products are widely available and don’t require doctor visits or extensive state procedures for access.
Proponents of HB 46 argue that expanding Texas’ medical marijuana offerings and simplifying access is necessary to keep the program relevant. Without reforms like those introduced by the bill, the state risks leaving patients to seek unregulated options.
A Market-Driven Approach to Reform
Beyond addressing competition with hemp, HB 46 is seen as an acknowledgment of the growing demand for marijuana access among Texans. Polls show that an overwhelming majority of residents favor expanded access to marijuana, whether for medical or recreational purposes.
One of the key areas where HB 46 will increase competition is the addition of new dispensary licenses. Currently, Texas’ limited licenses have led to centralization in urban areas like Austin, leaving rural patients underserved. By issuing new licenses and allowing satellite locations, patients in remote parts of the state stand to benefit significantly.
Additionally, the provision allowing doctors to recommend cannabis dosages without strict caps echoes standard medical practices for other treatments. Moving control to physicians helps build trust in the program’s professionalism and underscores cannabis’ legitimacy as medicine.
The Next Chapter for Medical Marijuana in Texas
HB 46 represents Texas’ chance to update its medical marijuana laws while addressing the gaps created by its hemp industry. If passed in the Senate, it could mean better access to tailored, high-quality cannabis treatments for patients across the state. While the inclusion of additional conditions and increased dispensaries is a step forward, the bill also highlights the need for balanced regulation between medical marijuana and hemp-derived products to support a sustainable market.
The road to cannabis reform in Texas remains long and filled with challenges, but the strides made by HB 46 are impossible to ignore. Expanding the program is not just a win for patients; it’s an opportunity for the state to build a more inclusive, equitable system that prioritizes Texans’ health and well-being.
For cannabis enthusiasts and policy advocates, all eyes now turn to the Texas Senate to see if the bill will clear its chambers and make history.
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