Texas House Passes HB 46 to Expand Compassionate Cannabis Use

Texas has become a battleground for cannabis. Half the legislature is fighting to have THC products banned, while the other half is fighting for it to become legal.

Who will win in this battle?

The Texas Legislature has been busy this session, introducing, passing, and blocking bills. The Texas House recently passed a bill on cannabis

Texas House Passes HB 46 to Expand Compassionate Cannabis Use

Texas House Bill 46 will expand the use of cannabis products for compassionate use. Compassionate cannabis use is legal in Texas, but it is very restrictive. This new bill will expand compassionate care to include conditions not currently allowed.

Changes to Compassionate Use in Texas House Bill 46

Prescription of Low-THC Cannabis: Expands the conditions under which cannabis can be prescribed
Licensing and Registration: Dispensaries would require their employees to be registered with the Department of Public Safety (DPS)
Confidentiality of Patient Information: Compassionate User data in the registry would be kept private and exempt from public record laws
Access to Registry Information: The DPS, physicians, and dispensaries are the ones who can access the registry, and patients can request their records.
Satellite Storage Locations: Dispensaries will be allowed to operate storage sites for cannabis without separate licenses.
Eligibility Requirements for Dispensaries: The dispensaries would have to provide proof of technical capability, staffing, operational systems, patient access, and financial stability for at least two years.
License Denial or Revocation: DPS can deny or revoke a license if the criteria are not met and it poses a public risk.
Streamlined Licensing Process: Easier for organizations to take part in the Compassionate Use Program.

Current Conditions Eligible Under the Texas Compassionate Use Program

The current conditions allowed for Compassionate use according to Texas.gov include, Epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis (ALS), autism, cancer, post-traumatic stress disorder (PTSD), an incurable neurodegenerative disease (including conditions like Alzheimer's and Parkinson's), and a medical condition for which the patient is currently being treated under an approved research program.

New Conditions Eligible for Compassionate Use Under Texas HB 46

If House Bill 46 passes the following conditions will be included, Chronic pain, glaucoma, traumatic brain injury, spinal neuropathy, Crohn's disease, other inflammatory bowel diseases, degenerative disc disease, terminal illnesses or conditions for which a patient is receiving hospice or palliative care, and any medical condition designated by the Department of State Health Services. Honorably discharged veterans would be eligible for cannabis treatment for any medical condition.

What are the Next Steps for Texas House Bill 46?

The bill has passed the House and will not enter committee in the Senate. After passing the committee, the Senate will vote on the bill, and if passed in the Senate, it will move to the governor for a signature.

The Battle for Cannabis will Continue in the Texas Legislature

This is a small win for those who need medical marijuana. However, the battle will continue in Texas as to whether THC products will be banned. Is there a chance we will ever see marijuana legalization in Texas? That remains to be seen.

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