A new bill expanding Texas’ medical marijuana program to include conditions like chronic pain and Crohn’s disease, and allowing prescription vaping products, is headed to Governor Greg Abbott’s desk.
House Bill 46, authored by Rep. Ken King (R-Canadian), authorizes patients to use cannabis patches, lotions, inhalers, and vaping devices under medical supervision. After legislative negotiations, the House rejected a Senate amendment that would have removed chronic pain and other conditions from the list of qualifying ailments. The final agreement restored chronic pain, traumatic brain injury, and Crohn’s disease as qualifying conditions while eliminating a previous requirement that chronic pain patients try opioids for 90 days.
The bill also addresses logistical challenges faced by dispensaries by permitting them to open satellite locations for storing medical cannabis products. Currently, all operations—from cultivation to dispensing—must be conducted under one roof, forcing daily long-distance transport of products to satellite pick-up points. This restriction has driven up costs and limited patient access across the state.
Senator Charles Perry (R-Lubbock) said the expansion of dispensaries, which will grow from three to twelve licensed locations, aims to prevent industry collapse and improve product availability.
One of the bill’s most significant changes is the introduction of vaporized and aerosolized marijuana products, including vapes, into the medical program. Until now, Texas medical marijuana has been limited to gummies, lozenges, topicals, beverages, and tinctures, excluding smoking and vaping forms. This has allowed cheaper, unregulated hemp products—which deliver similar effects—to dominate the market without medical oversight.
Recent state legislation targeting the hemp market has sparked backlash, especially from veterans, parents, and elderly patients who rely on hemp for medical purposes. While lawmakers emphasize protecting children from unregulated narcotics, critics argue that hemp bans undermine access to essential therapies.
Lt. Gov. Dan Patrick defended the state’s crackdown, stating, “We have wiped out bad actors who are poisoning our community and are now building one of the biggest Compassionate Use Programs in the country.”
Senator Roland Gutierrez (D-San Antonio) emphasized the need to balance safety and access, noting, “We never authorized children to buy vape pens at convenience stores. Our priority is keeping them safe under medical supervision.”
As HB 46 awaits the governor’s signature, the bill promises to modernize Texas’ medical marijuana landscape, expanding patient options and improving access across the state.
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