Texas HB 46: What the New Medical Marijuana Law Means for Patients

Written By QuickMedCards. Updated September 9, 2025  

Are Texas medical marijuana laws finally catching up to patient needs? September 1, 2025, marked a turning point.

That’s when Texas House Bill 46 (HB 46) came into effect. This new law transforms the Texas Compassionate Use Program (TCUP). And the changes are significant.

Here’s what it means for you as a Texas resident considering medical cannabis. Qualifying is easier with more qualifying conditions. You have more forms of medical marijuana to choose from. Plus, you’ll see more dispensaries opening across the state.

But September 1 brought other changes. The legislature passed Senate Bill 3 (SB 3) to outlaw hemp products like delta-8 THC. Governor Abbott vetoed that one. However, Senate Bill 2024 (SB 2024) did take effect. This law bans certain vape products in Texas.

In this article, you’ll learn what Texas HB 46 changes for medical marijuana patients. We’ll also cover the failed Texas THC ban and the new vape restrictions under SB 2024.

By the end of this page, you’ll know:

  • How does Texas HB 46 expand access to medical cannabis?
  • What are the new Texas Compassionate Use Program qualifying conditions? 
  • What happened to Senate Bill 3 and the Texas THC ban?
  • Did Texas ban vape products in 2025 through SB 2024?
  • How to get a medical marijuana prescription in Texas?

Texas medical marijuana law

What Is Texas House Bill 46 (HB 46)?

HB 46 reshapes the Texas medical marijuana laws. It marks one of the notable changes since the state first approved medical cannabis.

Back in 2015, Texas launched the Compassionate Use Program. At the time, it was one of the most limited programs in the country. Only patients with severe epilepsy could qualify. Over the years, lawmakers added more conditions. Still, the program stayed restrictive.

This new law is a considerable step forward for medical marijuana in Texas. It expands access to more patients. It simplifies the prescribing process. Moreover, it gives both patients and providers more flexibility than ever before.

Key Changes Under HB 46

House Bill 46 brings meaningful reforms to Texas. The changes modernize the Compassionate Use Program and expand access statewide.

Expanded Qualifying Conditions

HB 46’s most significant change? Four new qualifying conditions now open the door for thousands more Texas patients.

The law adds these conditions to the Texas Compassionate Use Program:

These join the existing qualifying conditions:

If you’ve been waiting to see if you qualify, now’s the time to check again. Texas medical cannabis laws now recognize more conditions than ever. That means your chances of accessing legal medical marijuana just got much better. Quick Med Cards can connect you with a qualified Texas cannabis doctor for as little as $45.

Slight Adjustments to THC Limits

This landmark legislation keeps Texas’s strict THC limits intact. However, it gives patients more workable options.

“Low-THC cannabis” still defines the Texas Compassionate Use Program. The previous rule capped THC at less than 1% by weight. Now, Texas HB 46 introduces a more practical standard: up to 10 milligrams of THC per dose, with a maximum of 1 gram of THC per package.

This change simplifies dosing for both patients and doctors. It also keeps Texas medical cannabis laws firmly in the low-THC category.

Texas Marijuana Prescriptions

HB 46 transforms how medical marijuana prescriptions work in Texas. This change alone could save you time and money.

Prescriptions now remain valid for one entire year. You can get up to four 90-day supply refills during that time. As a result, you benefit from fewer trips to the doctor and uninterrupted access to your medication.

Before HB 46, Texas offered no extended prescription periods or flexible refills. Patients faced constant renewals and potential gaps in treatment. That era just ended.

Oversight remains in place, with every prescription monitored by the Texas Medical Board.

With Texas HB 46, you can now plan your treatment for the entire year ahead. No more worrying about prescription renewals disrupting your care.

More Forms of Medical Cannabis Available

The law also expands the forms of medical cannabis available to patients. This change makes treatment more flexible than ever.

Before, Texas limited patients mostly to oils. Now, prescriptions can include:

  • Inhalers
  • Lotions
  • Nebulizers
  • Patches
  • Suppositories
  • Vapes

Smoking marijuana remains illegal in Texas, but the range of approved options has grown significantly.

With these updates, the Texas medical cannabis laws finally give patients like you more practical and potent choices.

Expansion of Medical Marijuana Dispensaries in Texas

The new cannabis law also opens the door to more dispensaries across Texas. For patients, that means easier access and less travel.

Previously, only three dispensaries served the entire state. Now, the Department of Public Safety (DPS) must issue 15 licenses. Each new Texas medical marijuana dispensary has 24 months to open and stay operational. They must also remain at least 1,000 feet from schools.

There’s added flexibility too. Dispensaries can add satellite locations with DPS approval. The licenses must be distributed across public health regions to prevent access from concentrating in just one area.

You won’t have to drive hours across Texas for your medication anymore. Your nearest Texas Compassionate Use Program dispensary could soon be much closer to home.

More Safeguards

Patient protection strengthens as Texas HB 46 builds stronger protections into the program. Oversight is tighter, and patient privacy gets reinforced.

The law introduces several key safeguards, for example:

  • Department of State Health Services oversees inhalation rules.
  • Texas Medical Board monitors prescriptions to prevent overprescribing.
  • Non-naturally occurring synthetic cannabinoids are illegal.
  • The Prescription Monitoring Program tracks all dispensing activity.
  • Patient records remain confidential, and access is limited to approved physicians, dispensaries, and the Department of State Health Services.
  • Patients can request their own data at any time.

These protections ensure the Texas medical marijuana laws expand access without compromising your safety or privacy.

What Happened with The Texas THC Ban through Senate Bill 3?

During the same session that produced HB 46, lawmakers also advanced Senate Bill 3. The bill sought a sweeping Texas THC ban.

It targeted hemp-derived cannabinoids like Delta-8, hemp Delta-9, THC-O, and others that had become popular in retail shops.

If passed, SB 3 would have shut down much of the state’s hemp market. Gummies, vapes, tinctures, and seltzers with intoxicating cannabinoids would become illegal. Only non-intoxicating options like CBD and CBG would survive. Even so, they would face stricter rules and licensing requirements.

Supporters cited youth access and lack of oversight as reasons for the ban. Opponents warned of devastating effects on more than 8,000 small businesses and tens of thousands of jobs.

Although the legislation successfully passed through both legislative chambers, it was ultimately rejected by Governor Greg Abbott’s veto. He pointed to broad economic and legal consequences. He was specific about its potential impact on veterans and patients using hemp alternatives.

The result? Delta-8 and similar products remain legal in Texas, for now. However, the debate is far from over. Future attempts to restrict hemp-derived THC are likely.

Governor Abbott’s veto protects your access today. Still, it also signals ongoing uncertainty in Texas’s marijuana law landscape.

The Vape Ban: Did Senate Bill 2024 (SB 2024) Outlaw Vape Products?

Senate Bill 2024 (SB 2024) is another cannabis law that took effect on September 1, 2025. It established one of the strictest vape prohibitions in the country.

The new vape ban addresses several areas. It covers marketing, advertising, sales, and distribution of e-cigarette products containing THC or hemp-derived cannabinoids. It also targets products designed to appeal to minors, such as vapes shaped like toys or school supplies.

SB 2024 goes further by banning e-cigarettes manufactured in China and other specified countries. It even prohibits vaping devices disguised as typical household items. Criminal penalties for violations are now stricter than before.

Does this vape ban affect you as a medical marijuana patient? Fortunately, no. SB 2024 doesn’t affect vapes dispensed through the Texas Compassionate Use Program. So, your prescribed vaping products remain legal and available through licensed medical marijuana dispensaries.

Who Qualifies for The Texas Compassionate Use Program?

You can access medical marijuana through the Texas Compassionate Use Program (TCUP) if you meet these requirements:

  • You must be a permanent resident of Texas.
  • You must have one of the qualifying conditions.

Here’s the complete list of the eligible conditions:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism
  • Cancer
  • Chronic pain
  • Conditions approved for research programs under state health codes
  • Crohn’s disease or other inflammatory bowel disease
  • Epilepsy
  • Incurable neurodegenerative diseases
  • Multiple sclerosis (MS)
  • Post-traumatic stress disorder (PTSD)
  • Seizure disorders
  • Spasticity
  • Terminal illness or conditions requiring hospice or palliative care
  • Traumatic brain injury

How to Get a Medical Marijuana Prescription in Texas

Getting a medical marijuana prescription in Texas is simple with Quick Med Cards. Here’s how the process works:

  1. Fill out the information form and create your account.
  2. Book an appointment with a Texas medical cannabis doctor.
  3. Attend your marijuana evaluation over a video call.
  4. Get your prescription entered in the Compassionate Use Registry of Texas (CURT) if you qualify.
  5. Visit your nearest dispensary to get your prescription and buy MMJ.

It’s that straightforward! Qualifying for medical marijuana in Texas is easier than ever before. So, book your consultation this week and begin your cannabis treatment.

Key Takeaways

  • House Bill 46 expands the Texas Compassionate Use Program and adds new qualifying conditions.
  • THC limits shifted from weight-based caps to 10mg per dose.
  • Patients can now use new forms of marijuana like inhalers, patches, lotions, vapes, and more.
  • The Department of Public Safety can now issue 15 dispensary licenses.
  • Stronger safeguards protect patients through oversight, product bans, and data privacy rules.
  • Senate Bill 3 attempted to ban THC in Texas, but Governor Abbott vetoed it.
  • Senate Bill 2024 created one of the strictest vape bans in the country.

Frequently Asked Questions

Below are answers to common questions about Texas’s marijuana laws.

Is weed illegal in Texas?

Yes. Recreational marijuana remains unlawful under both Texas and federal law. However, medical cannabis is legal in the state.

Is medical marijuana legal in Texas?

Yes. Texas initially authorized medical cannabis in 2015 when it passed the Compassionate-Use Act. This legislation permitted the use of low-THC marijuana products specifically for individuals suffering from treatment-resistant epilepsy. Lawmakers expanded the program in 2019, 2021, and again in 2025 to cover more medical conditions.

What is House Bill 46 in Texas?

House Bill 46 is the new Texas marijuana law that expands and improves the state’s Compassionate Use Program.

The law brings the following updates:

  • Adds new qualifying conditions.
  • Expands product forms to include patches, lotions, suppositories, inhalers, nebulizers, and vapes.
  • The measure instructed the Department of Public Safety to authorize 15 additional dispensary licenses.
  • Allows dispensing organizations to open approved satellite locations.

While challenges remain, HB 46 gives patients wider access and more choice than ever before.

Has Governor Abbot signed HB 46?

Yes, Governor Abbott signed HB 46 on June 20, 2025, and the law took effect on September 1, 2025.

Did HB 46 pass in Texas?

Yes, HB 46 passed in Texas.

It was signed into law in both the House and Senate on June 2, 2025, passed on June 20, and took effect on September 1, 2025.

What is the TCUP program in Texas?

The TCUP program is the state’s Compassionate Use Program for medical marijuana.

The Department of Public Safety (DPS) runs it under Chapter 487 of the Texas Health and Safety Code. The Compassionate Use Registry of Texas (CURT) is at the center of the program. The DPS manages the system, and only qualified physicians can use it to prescribe low-THC cannabis. CURT helps prevent duplicate prescriptions by limiting each patient to one registered prescriber. It also enables law enforcement and dispensaries to verify patients. Additionally, doctors record safety and effectiveness data to enhance treatment oversight. Moreover, the DPS also licenses the organizations that dispense low-THC cannabis.

What are the changes to the Compassionate Use Program in Texas?

The Compassionate Use Program in Texas, thanks to HB 46, now includes longer prescriptions, more product options, and expanded qualifying conditions.

How much is the Compassionate Use Program in Texas?

The Compassionate Use Program in Texas is free to enroll. You only pay for the doctor’s consultation to get your marijuana prescription. With Quick Med Cards, you can meet a cannabis doctor online for as little as $45, with costs capped at $149.

Did Governor Abbott sign the THC bill?

No, Governor Abbott didn’t sign the THC bill.

Earlier this year, Senate Bill 3 passed both chambers and sought to ban hemp-derived THC products like delta-8 and delta-9. The bill spared CBD and CBG. On June 22, Governor Abbott vetoed the bill.

Can I legally buy delta-8 in Texas?

Yes. SB 3, which would have banned delta-8 and other hemp-derived cannabinoids, was vetoed by the governor. As a result, these products remain legal in the state.

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