Texas Expands Medical Marijuana Program While Hemp Ban Remains Unclear

As Texas lawmakers move to ban hemp-derived products, an expansion of the state’s medical marijuana program is heading to Governor Greg Abbott’s desk after passing the legislature on Sunday. Both bills faced delays due to concerns over the growing number of patients who may qualify for medical marijuana, potentially surpassing the 20,000 currently enrolled. Meanwhile, hemp-derived vapes, gummies, and infused drinks remain widely available in gas stations and vape shops across the state, as reported by The Dallas Morning News.

House Bill 46, would significantly expand the Texas Compassionate Use Program — the state’s limited medical marijuana initiative that has remained narrow in scope since its launch a decade ago. The final bill allows doctors to prescribe THC without requiring patients to try opioids first and permits 90-day prescriptions, higher doses, and more delivery methods including edibles and vaporizers.

The fate of that ban now rests with Gov. Abbott, who faces growing pressure to veto the legislation before the June 22 veto deadline. The ban, Senate Bill 3, would criminalize the possession, sale, and manufacturing of consumable THC products. It is considered one of the strictest such measures in the country and mirrors a bill vetoed last year by Florida Governor Ron DeSantis.

The new law, which takes immediate effect but will take months to fully implement, allows physicians to prescribe THC in place of opioids if the patient has experienced severe pain for more than 90 days and cannabis is considered a “viable method of treatment.”

“The opioid language was a nonstarter in this House,” said Rep. Ken King, R-Canadian. “There was not going to be a bill if we had to have an opioid before a decision.”

Lieutenant Governor Dan Patrick, described the legislation as possibly the most significant relaunch of a medical marijuana program in the nation. Other states have expanded eligibility to include conditions like depression and anxiety and implemented more efficient distribution systems. Patrick, being a strong supporter of the retail hemp ban, has continued to campaign for it even after its passage. Last week, he held a dramatic press conference, displaying a dozen THC-infused snacks purchased from retail stores and blaming the media for backlash against the bill.