Texas Senate Panel Considers Medical Cannabis Expansion Bill

Forbes

19-05-2025

A Texas Senate committee is considering legislation to expand the state's limited medical cannabis ... More program.
A Texas Senate committee on Monday considered legislation that would expand the state's current limited medical cannabis program. The Senate Committee on State Affairs discussed the bill without acting on it, according to a report from online cannabis news outlet Marijuana Moment.
The legislation, HB 46, was passed by the Texas House of Representatives last week. If signed into law, the bill would make significant changes to the state's medical cannabis Compassionate Use Program, which was approved by lawmakers in 2015.
At Monday's Senate committee meeting, Republican Sen. Charles Perry, the sponsor of a HB 46 companion bill in the Senate, SB 1505, said that the legislation is a 'work in progress' that would likely be amended before final passage.
'It's currently in the works, and we're still having conversations on what the final product is,' Perry said about the bill. 'There will be a committee substitute, but it is not back from [Legislative]
'Some of the things in it are a good step in the right direction, some of the things that are in it are kind of a backwards look, and some of the things in it could open up the door for unintended consequences,' Perry added, KXAN television news reported.
He added that some of the provisions still being debated include the number of additional medical cannabis dispensaries that will be added, THC limits on products and the specific medical conditions that will qualify a patient to use cannabis under the program.
'As I say, this is a work in process,' Perry told his colleagues at Monday's hearing, 'and [I] just wanted to have it heard so that when that [substitute version] comes out, we can address it in proper time.'
Sen. Brian Birdwell, also a Republican, said that with the substitution bill expected soon, he plans to work with Perry and 'see what he's going to change.'
Birdwell told Perry he had 'serious concerns' with the version of HB 46 passed by the House compared to the Senate companion, but he added that 'instead of wasting the committee's time asking questions, now I think I'd rather just consult separately with Sen. Perry.'
The committee then opened the hearing to testimony on the bill before holding for further action.
'We got a week or so to hammer this down,' Perry said, adding that separate legislation to regulate intoxicating hemp products, SB 3, is scheduled to be taken up in the House of Representatives this week. 'So we'll see where that lands and see where this all fits together. It's kind of a package deal.'
The Texas Capitol in Austin.
The Texas House of Representatives passed HB 46 and referred the legislation to the state Senate on May 13. Rep. Ken King, the Republican sponsor of the bipartisan bill, said the measure will help people whose lives can be improved by medical cannabis.
'Back in 2015, Texas passed the Compassionate Use Act that allowed patients with epilepsy to access low-THC cannabis. Since then, the program has been expanded to include additional medical conditions, but Texans still struggle to get access to the medicine they're legally allowed to receive,' King said on the floor. 'There are not enough dispensing organizations licensed in the state, and current law limits how and where the products can be stored and distributed.'
Under the amended version of the legislation passed by the House, HB 46 would add new qualifying conditions to the CUP, including chronic pain, glaucoma, traumatic brain injury, spinal neuropathy, Crohn's disease or other inflammatory bowel disease, degenerative disc disease and any terminal illness for patients receiving hospice or palliative care. Military veterans would be eligible to use cannabis for any medical condition.
The legislation would also increase the number of medical cannabis dispensaries by directing the Texas Department of Public Safety (DPS) to issue 11 new dispensary licenses within an equal number of designated public health regions throughout the state. Licensed dispensaries would also be permitted to open satellite locations with state approval.
HB 46 as passed by the House also adds new forms of medical cannabis available to patients, including vaporizers, nebulizers, topicals and patches. More potent cannabis products would also be allowed, and doctors would be able to prescribe dosages as they see fit. The current program only permits patients with one of eight qualifying medical conditions to use non-smokable cannabis products with a limit of 0.5% THC by dry weight.