Texas lawmakers pass medical marijuana bill that includes chronic pain
A bill expanding Texas' medical marijuana program is headed to Texas Gov. Greg Abbott's desk. The latest version was negotiated by members of the Texas House and Senate, including several lawmakers representing parts of Tarrant County.
A compromise version of House Bill 46 advanced on Sunday, June 1, as negotiated in a conference committee made up of lawmakers from both chambers.
It includes a number of recommendations from supporters of medical marijuana on how to improve the program, called the Texas Compassionate Use Program.
The bill's measures include:
Permitting satellite locations where dispensing organizations can securely store medical marijuana for distribution. Currently the products can only be stored overnight at an organization's main location, creating distribution challenges.
Requires the state to have 15 dispensing organizations. At least three are required now, according to the Texas Department of Public Safety.
Allows inhaling medical marijuana as an aerosol or vapor. Smoking is still not allowed.
It also expands qualifying medical conditions to include:
A condition that causes chronic pain.
A traumatic brain injury.
A terminal illness or condition that requires hospice or palliative care.
The version that passed out of the House in May also included glaucoma, degenerative disc disease and spinal neuropathy, and included language specifically folding veterans into the program.
The bill defines chronic pain as 'pain that is not relieved with acute, post-surgical, post-procedure or persistent non-chronic pain treatment and is associated with a chronic pathological process that causes continuous or intermittent severe pain for more than 90 days and for which a tetrahydrocannabinol is a viable method of treatment.'
The Senate's version had included language that would have required patients to be on an opioid for 90 days before qualifying for the medical marijuana program. That requirement wasn't acceptable to the House, said Rep. Ken King, a Republican from Canadian who authored the bill.
'While we were not able to find agreement on degenerative disc disease, glucoma, spinal neuropathy and veterans, we believe with the new definitions of chronic pain, most of these patients will be covered,' King said.
Tony Tinderholt, an Arlington Republican, who was a member of the conference committee, maintained that veterans are covered under the bill.
'The veterans out there watching need to know that the Texas Compassionate Use Program has been protected,' Tinderholt said.
The expansion comes as Texas is positioned to ban consumable TCH products, like the delta-8 and delta-a gummies, vapes and drinks that can be found at stores and gas stations across Texas.
The ban was a top priority of Lt. Gov. Dan Patrick, who on May 28 held a news conference blasting the THC products.
Members of the hemp business community have called for new regulations, like age restrictions, and better enforcement of existing regulations, rather than a ban of the products. The Texas Hemp Business Council has called on Abbott to veto the legislation.
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