Texas Lege passes bill expanding state’s medical cannabis program after vote to ban hemp products

Although the Texas Legislature earlier this month dealt what could be a fatal blow to the state’s hemp industry this session, lawmakers also passed a proposal that would expand the Lone Star State’s meager medical cannabis program.

House Bill 46, passed as the clock ticked down on the end of the session, would expand the medical conditions that qualify for participation in the state program to include chronic pain, Crohn’s disease and traumatic brain injury. The measure also would allow the sale of prescription vape devices for the first time and greatly expand the number of dispensaries operating statewide.

The bill is now on Gov. Greg Abbott’s desk.

HB 46’s passage comes after Texas lawmakers enacted a total ban on hemp products that contain THC, the compound in cannabis that gets people high. The Lone Star State’s unregulated hemp industry sprung up in no small part due to its products being less expensive and easier to access for consumers than pot available through the state’s limited medical cannabis program, according to experts.

Under the new medical cannabis bill, patients would be able to access inhalers and vaping devices along with cannabis patches and lotions. Previously, dispensary companies were only allowed to sell non-smokable forms of cannabis such as gummies, beverages and tinctures.

HB 46 also includes a major win for the medical cannabis industry in that operators will finally be allowed to store their products at satellite locations instead of having to drive them from their headquarters to storefronts or prescription drop spots on a daily basis. Under the original rules, cannabis companies could only store products overnight in the same facility where they’re cultivated and processed, creating logistical nightmares for the businesses and driving up prices for consumers.

Further, the bill would expand the state’s number of approved dispensary companies from three to a dozen — something also likely to widen distribution of medical cannabis products and lower prices, according to observers. Sen. Charles Perry, R-Lubbock, told the Texas Tribune the state will award the first three licenses to businesses that have already submitted applications while the rest will be opened up to the public.

Although HB 46 is considered a win for the state’s medical cannabis industry and those seeking medical relief via low-dosage THC, the Lege’s hemp ban, Senate Bill 3, continues to face blowback from users, growers and retailers, who are lobbying Abbott to veto it.

On Monday, the Texas Hemp Business Council told the Texas Tribune that it delivered 5,000 letters to Abbott’s office plus a petition signed by 120,000 people urging him to veto the bill, which was championed by Lt. Gov. Dan Patrick, a fellow Republican.

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This article appears in May 29 – Jun 11, 2025.