[[{“value”:”Millions of Texans are more than likely going to lose access to hemp-derived THC products, but the state is also en route to greatly expanding its previously limitedmedical marijuana program.
House Bill 46, which has been approved by both chambers of the Legislature, is on its way to Gov. Greg Abbott’s desk. It broadens the Texas Compassionate Use Program (TCUP) eligibility to include a variety of illnesses and ailments, including chronic pain, while also quintupling the number of licensed dispensaries by April 2026.
“We look forward to passing this bill for our veterans and those who suffer from chronic pain,” Lt. Gov. Dan Patrick, who has spearheaded a potential ban on THC products, posted on X. “The Senate and my concern has always been that we don’t want to go back to the days of doctors writing prescriptions for anyone who paid them for a prescription for pain pills.”
The TCUP program, launched in 2015, was initially only accessible to patients with intractable epilepsy, a condition that is non-responsive to anti-seizure medications. Since then, the program has been expanded almost every session to include more conditions, totaling nine, including autism, cancer, all epileptic conditions, neurodegenerative disorders and others. But now, the program is set to witness its broadest expansion, adding traumatic brain injuries, patients in palliative care and chronic pain as treatable with medical marijuana.
“We’re grateful to see not only the progress that’s been made over the years because of very dedicated efforts from advocates, but also what’s happened this session, which makes the program much more inclusive,” said Heather Fazio, director of the Texas Cannabis Policy Center.
Fazio says the more inclusive program will be a significant improvement for people who otherwise would have to take narcotics.
“What a relief for the many, many patients who are turning to opioids to treat their severe and chronic pain, to now have the opportunity to purchase and use medical cannabis legally right here in the state of Texas,” said Fazio. “This is going to improve the quality of life for so many people and their families. We’re just so grateful to see that we have finally been able to broadly expand the compassionate use program.”
The TCUP program was perhaps a surprisingly progressive shift in a state that hascontinuously rejected legalizing recreational marijuanaon a grand scale. But even more surprising is the lieutenant governor’s support for HB 46 as he wages a legislative war against retailers who sell intoxicating hemp products. The irony is not lost on Fazio, who says Patrick and his colleagues have embraced medical marijuana to counteract their radical opposition to recreational THC products.
“I do think that there are many legislators who got caught in this paradigm that was established by the lieutenant governor that incorrectly made hemp the bad guy and medical cannabis the savior,” she said. “The bottom line is that both of these products are cannabis, and cannabis is safe and effective.”
The THC ban has been one of the most discussed items this session, arguably because of Patrick’s steadfast determination to see it pass. Senate Bill 3, which recently landed on the governor’s desk for his possible signature, will place a ban on the sale of all hemp-derived THC products with zero exceptions. For now, products with 0.3% THC concentration are legal to purchase and sell by any Texan, but if Abbott signs SB 3, these products will become illegal Sept. 1, 2025. The compassionate use program allows for slightly stronger products, at 1% concentration, though it’s still considered “low-THC”.
“There really have been such mental aerobics that have been going on to demonize one sector of the industry while elevating another,” said Fazio. “The bottom line is that cannabis shouldn’t be illegal for anyone. And the fact that our state has been depriving patients of medicine for more than a decade… depriving patients access to this medicine for decades, is unconscionable.”
Allowing more patients to enroll in TCUP is a huge win for Texans, says Fazio, but what she’s most excited about is the expansion of medical marijuana dispensaries. In the last 10 years, the state has licensed only three medical marijuana dispensaries, but HB 46 requires the Texas Department of Public Safety to increase the number of licensed dispensaries to nine by December 2025 and 15 by April 2026.
According to Fazio, there are several administrative delays and financial barriers to establishing more dispensaries. Despite having roughly 150 businesses apply for licenses in 2023, many of the applications have been left pending, stuck in legal limbo. HB 46 will establish a deadline for when the government must respond to license applications.
Fazio thinks having more dispensaries will help control another issue in medical marijuana, prohibitive pricing. Since 2015, TCUP has had about 100,000 registered patients, but only about 20% of them seek ongoing prescriptions. The medication is rarely covered by insurance, she says, and of the three dispensaries that are licensed, one of them is inoperational, and the other occupies 70% of the market share, meaning they set the price, and that price is high.
Additionally, there are significant licensing fees. In the end, a dispensary will have spent about half a million dollars in opening costs and another couple of hundred thousand dollars to remain in business, says Fazio.
“Some competition could help bring down the cost,” she said. “The fees and regulatory costs have caused these companies to mostly be in the red for 10 years. Plus they have so they had so few patients to participate in the program. That is why I think the cost is so high.”
HB 46 won’t lower the licensing fees, but Fazio hopes the streamlined application process will still allow new businesses to emerge and create a ripple effect expanding accessibility for patients.
“We’re going to see more businesses licensed,” she said. “Hopefully, when rulemaking is happening in October, they will bring down the licensing fees to be more reasonable for these companies. They’re shutting out small businesses. They are causing the prices for this medicine to be outrageously high, prohibitively high. And we hope that some change, the changes that have happened in the legislature, will lead to some changes in the regulatory infrastructure and therefore make this program more accessible for patients.”
“}]] For most Texans, getting high is getting harder as a THC ban looms. But for others, medical marijuana will now be an option. Read More
