Texas Legalizes Medical Cannabis: Becoming the 40th State To Do So

On June 21, 2025, Texas Governor Greg Abbott signed HB 46 into law which established the Lone Star State as the 40th state to legalize medical cannabis. The medical cannabis expansion bill contains additions to the Texas Compassionate Use Program (TCUP). The earlier version of TCUP was “an extremely limited, restrictive, low-THC medical cannabis program that didn’t meet the Marijuana Policy Project’s standard to be considered a medical cannabis state,” (1).

“For too long, the existing Texas Compassionate Use Program has been severely limited, leaving countless Texans without the relief they desperately need. Texans have spoken, and their voices have been heard. HB 46 will expand access to medical cannabis, a relatively safe and effective treatment option that has long been sought by patients suffering from pain and several other serious medical conditions,” commented Kevin Caldwell, Southeast Legislative Manager at the Marijuana Policy Project (1).

The additions to TCUP will include adding new qualifying conditions such as Crohn’s disease, traumatic brain injury, and chronic pain. There will also be some new methods of delivery which will include inhalers, vaporizers, lotions, suppositories, patches. and pulmonary inhalation with approved nebulizers (1). Additionally, the new legislation will update “the current limit of 1% THC by weight with up to 10 milligrams per dose and a package not to exceed 1 gram of THC,” (1).

In May 2025, HB 46 underwent these revisions where the Office of the Lieutenant Governor Dan Patrick posted on X that mentioned (2), “We are expanding licenses from 3 (current law) to 12 and adding satellite locations in each public health region of the state for the first time ever,” the post reads. “We’ve also added terminal illness and hospice care to the list of qualifying medical conditions for the TCUP program. Additionally, we’ve increased and standardized the dosage, while giving physicians autonomy to prescribe the right dose for each patient’s needs, along with metered dose inhalation delivery systems.”

Another new measure from HB 46, will entitle The Department of Public Safety (DPS) to grant 12 additional licenses to be given to dispensing organizations. Currently there are 15 total in the state of Texas (1). Upon receiving a license, dispensing organizations need to be operational withing 24 months of obtaining a license.

"Following in the footsteps of 39 other states, Texas has embraced a commonsense policy that will ensure that Texans facing serious medical conditions have access to a medicine that's already successfully improving lives nationwide. This new law is a direct result of overwhelming public support, acknowledging medical cannabis as a valuable, scientifically-supported option for managing chronic pain and debilitating illnesses," said Lauren Daly, Interim Executive Director at the Marijuana Policy Project (1).

Texas is beaming with cannabis news. On June 22, 2025, Texas Governor Abbott vetoed Senate Bill 3 (SB 3), which would have prohibited hemp-derived tetrahydrocannabinol (THC) in the state (3). Had the bill passed and been signed into law, it would have gone to the Senate for final approval and then brought to the governor to become law.

“Texans on each side of the Senate Bill 3 debate raise serious concerns,” Governor Abbott said in his veto statement (3). “But one thing is clear—to ensure the highest level of safety for minors, as well as for adults, who obtain a product more dangerous than what they expected, Texas must strongly regulate hemp, and it must do so immediately…Senate Bill 3 is well-intentioned. But it would never go into effect because of valid constitutional challenges. Litigation challenging the bill has already been filed, and the legal defects in the bill are undeniable. If I were to allow Senate Bill 3 to become law, it's enforcement would be enjoined for years, leaving existing abuses unaddressed. Texas cannot afford to wait.”

Governort Abott announced that there would be a Special Session discussing several bills and would be held on July 21, 2025 (3).

References

1. Marijuana Policy Project. Texas becomes 40th State to legalize medical cannabis https://www.mpp.org/news/press/texas-becomes-40th-state-to-legalize-medical-cannabis/ (accessed Jun 24, 2025).
2. McEvoy, E. Texas house Bill 46 considers expansion of medical cannabis access https://www.cannabissciencetech.com/view/texas-house-bill-46-considers-expansion-of-medical-cannabis-access (accessed Jun 24, 2025).
3. McEvoy, E. Texas governor vetoes bill to ban hemp-derived THC in the State https://www.cannabissciencetech.com/view/texas-governor-vetoes-bill-to-ban-hemp-derived-thc-in-the-state (accessed Jun 24, 2025).