Texas Legislature Expands Medical Marijuana Program
AUSTIN — An expansion of the state’s medical marijuana program – one of the most closely watched proposals before Texas lawmakers as they prepare to ban retail hemp shops – was on its way to Gov. Greg Abbott on Sunday after it won final passage in the Texas Legislature.
Lawmakers struck a deal late Saturday after hours of wrangling that threatened to derail both bills. Had lawmakers not been able to agree before Monday on how to grow the medical marijuana program to include millions more Texans than the 20,000 it currently serves, it would have knocked out an important flip side to a recently passed ban on hemp-based retail consumables – the vapes, gummies and drinks being sold in gas stations and vape shops across the state.
The ban has earned strong backlash from veterans and others who say the hemp stores have helped them when the medical marijuana program has fallen short.
What’s in the Bill?
House Bill 46, by Rep. Ken King, R-Canadian, will exponentially widen the state’s historically anemic Texas Compassionate Use Program, the 10-year-old medical marijuana program, also known as TCUP.
The plan settled on by House and Senate negotiators and passed with overwhelming support in both chambers Sunday evening will raise the number of licensees from three to 15 by next year and add several new conditions that will qualify patients for the program, including sufferers of Crohn’s and other irritable bowel conditions, traumatic brain injury and chronic pain.
Preserving the Ban
Passing the compromise bill, filed late Saturday just before a critical deadline, saved not just the long-awaited and unprecedented expansion to TCUP. It preserved an important bargaining chip for supporters of a ban on the state’s $8 billion retail consumable hemp industry.
The fate of the ban lies in the hands of Abbott, who is under mounting pressure to veto the legislation, which criminalizes possession, sale and manufacturing of consumable THC products, before the June 22 deadline for vetoes.
The ban, known as Senate Bill 3, is considered one of the strongest in the nation, and it is similar to legislation vetoed by Florida Gov. Ron DeSantis, a Republican, a year ago.
The Chronic Pain Fight
The Republican-led plan to grow TCUP includes adding patients who suffer from chronic pain to the list of those qualified for the program, which administers medicines containing tetrahydrocannabinol, or THC, the psychoactive agent in marijuana. Marijuana cannot be sold recreationally in Texas.
Lawmakers wrangled for days over whether to require those pain patients to try a course of opioid treatment before they could qualify for THC – a stipulation that threatened to bring down the carefully negotiated legislation.
The final version does not require an opioid as a prerequisite for getting a qualifying chronic pain diagnosis, a stipulation that was tied to the official Texas Medical Board definition of “chronic pain,” which uses the need for opioid treatment as an indicator in the diagnosis.
Key Provisions of the New Law
Instead, new law, which takes immediate effect but will take a few months to implement, will allow doctors to prescribe THC in place of opioids, not after them, if a patient’s severe pain is prolonged for more than 90 days and cannabis “is a viable method of treatment.”
“The opioid language was a nonstarter in this House,” King said. “There was not going to be a bill if we had to have an opioid before a decision.”
In addition to raising the number of qualifying conditions, the law allows 90-day prescriptions – an expansion of current restrictive rules and three refills before a patient has to return for a new prescription.
The law also allows higher-concentration doses, so less product will need to be consumed to get the prescribed amount of THC, and allow the products to be inhaled through vaporizers or administered through edibles, oils and suppositories.
Conclusion
In addition to raising the number of licensees, HB 46 also creates satellite storage facilities that could be set up around Texas, allowing the dispensaries for the first time to store product off-site. That means they save money on fuel and travel time, and that patients can pick up their products easily or have them delivered to their homes cheaply.
Lt. Gov. Dan Patrick, a Houston Republican who has championed the program as a remedy to the much-ballyhooed THC ban, said the new law may be the biggest relaunch of a medical marijuana program in the country.
Patrick, who made the hemp-shop ban a priority for the session, has waged a public campaign to rally support for the ban even in the days since it passed, as opponents have stepped up their pressure on Abbott to veto it.
Frequently Asked Questions
Q: What is the current state of the medical marijuana program in Texas?
A: The Texas Compassionate Use Program (TCUP) is a 10-year-old medical marijuana program that currently serves around 20,000 patients.
Q: What changes are being made to the program?
A: The new law will raise the number of licensees from three to 15 by next year and add several new conditions that will qualify patients for the program, including sufferers of Crohn’s and other irritable bowel conditions, traumatic brain injury and chronic pain.
Q: What is the fate of the ban on hemp-based retail consumables?
A: The fate of the ban lies in the hands of Gov. Greg Abbott, who is under mounting pressure to veto the legislation before the June 22 deadline for vetoes.
