Texas House Advances significant expansion of medical cannabis access under HB 46

House Bill 46 (HB 46) has approved the Texas House of representatives, a comprehensive measure that aims to significantly expand the compassionate usage program (TCUP) of the state. The law was introduced by Rep. Ken King (R-Canadian) and tried to expand the patient's authorization, to diversify product forms and to improve access to the pharmacy throughout Texas.

Key provisions of HB 46

Extended qualification conditions

HB 46 suggests that the list of those who are entitled to treat medical cannabis treatment to add several medical diseases, including:

  • Chronic pain
  • glaucoma
  • Traumatic brain injury
  • Spinal neuropathy
  • Crohn's disease and other inflammatory bowel diseases
  • Degenerative disc disease
  • Incurable diseases that require hospice or palliative care

In addition, the legislation grants the Texas Department of State Health Services (DSHS) the authority to add qualifying conditions at its own discretion.

Veteran access

According to HB 46, honorably dismissed veterans would be entitled to use medical cannabis for every disease and to recognize the unique health needs of this population.

Diversified product forms

The legislation enables a wider range of cannabis product forms, including:

  • Patches
  • Lotion
  • Suppositor
  • Inhalators
  • Atomizer
  • Vaping devices

This expansion aims to offer patients more options that are tailored to their medical needs.

Increased access to the pharmacy

In order to improve accessibility, HB 46 stipulates the Texas Department of Public Safety (DPS) to issue 11 licenses and to ensure at least one in the regions of the state's public health. It also enables licensed pharmacies to set up satellite locations with government approval and to deal with the current restrictions on patient access.

Legislative context and outlook

HB 46 has been the most important revision of the medical cannabis program in Texas since its foundation in 2015. The adoption of the legislative template in the house reflects a growing non -partisan consensus about the need to modernize and expand TCUP in order to better serve patients across the state. The legislation now goes to the Senate for examination.

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