Austin, TX — Beginning September 1, more than 700 new Texas laws will take effect, including House Bill 46, which significantly expands the state’s medical marijuana program known as the Texas Compassionate Use Program (TCUP). While the program is set to grow, debates over hemp-derived THC products continue to stall at the state Capitol.
Medical Marijuana Expansion Under HB 46
The use of marijuana for medicinal purposes in Texas began a decade ago with very limited access. TCUP was long criticized as one of the most restrictive medical cannabis programs in the country. With the passage of HB 46, however, advocates say the program will see its largest expansion yet.
“This is going to be a very big moment for the program,” said Nico Richardson, CEO of Texas Original, one of the state’s three licensed dispensaries. “It is a game changer, absolutely. And it’s certainly a great answer to a very overly restrictive program.”
Key provisions of the law include:
- Increasing the number of licensed dispensaries from 3 to 15.
- Allowing the opening of satellite locations.
- Expanding access to patients with Traumatic Brain Injury, Crohn’s Disease, and Chronic Pain.
- Permitting prescriptions for inhalers and vape pens.
Richardson emphasized that lawmakers avoided an earlier draft provision that would have required chronic pain patients to first receive an opioid prescription before accessing medical cannabis.
“That would have been problematic… forcing patients that would rather be on medical cannabis to first take an opioid, which we don’t want at this point,” Richardson explained.
Hemp Debate Stuck in Committee
While HB 46 moves forward, the discussion on regulating hemp products containing THC has stalled. In a report by FOX 7 Austin, veterans and advocates highlighted the need for choice in treatment options.
“We’ve always taken a position in the VFW that we support the Texas Compassionate Use Program,” said Mitch Fuller with the Texas VFW. “But it’s expensive, not as accessible, and not as affordable as hemp-derived consumables. So let us choose what works best for us.”
Richardson pushed back on the claim of excessive costs, saying prices and access will improve once new dispensaries are licensed. According to him, regulators plan to issue the first nine dispensary licenses by December 1, with operations potentially beginning within six months to a year.
Calls for a Reset
As lawmakers weigh their options, Richardson suggested that Texas should consider how other states regulate hemp and cannabis.
“They don’t issue 8,000 manufacturing and retail licenses and then say, how are we going to test and regulate this,” he said.
Instead, Richardson noted that pausing the debate, enacting a temporary ban, and then designing a regulatory system over the next two years may be the most responsible approach.
“That’s the big problem now — you either have to turn the clock back or put the genie back in the bottle. And I think that’s what the legislature was trying to do initially with SB3,” he explained.
What’s Next for Hemp Regulation
The House and Senate hemp bills remain in the Public Health Committee, and as of now, no hearing date has been scheduled. The second Special Session is expected to run until September 13, leaving a narrow window for lawmakers to act.
While Texans prepare for expanded access to medical marijuana through HB 46, the future of hemp-derived THC products remains uncertain.
What are your thoughts on Texas expanding medical marijuana while stalling on hemp regulation? Share your views in the comments below.
