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Texas state officials have begun the process to implement the expansion of the medical cannabis program approved by lawmakers earlier this year. The Texas Department of Public Safety (DPS) last week previewed new rules to increase the number of licensed medical cannabis dispensaries authorized by the expansion bill, which was signed into law by Republican Gov. Greg Abbott in June.
The new law significantly expands the list of conditions that qualify a patient to use medical marijuana, adding chronic pain, traumatic brain injury (TBI), Crohn’s disease and other inflammatory bowel diseases to the Texas Compassionate Use Program (TCUP). End-of-life patients in palliative or hospice care could also qualify as patients of the TCUP.
The legislation also increases the types of cannabis products authorized by the TCUP by adding medical cannabis patches and topicals, as well as suppositories, approved inhalers, nebulizers, and vaping devices. The new law also directs the state DPS to increase the number of medical cannabis business licenses from three to 15. Licensed medical cannabis providers would also be allowed to operate approved satellite locations, a provision that could significantly increase the number of dispensaries in Texas.
Rules To Be Published Soon
At a meeting of the Texas Public Safety Commission held last week, regulatory chief Wayne Mueller discussed the upcoming draft rules to implement the medical marijuana expansion law. The rules are expected to be officially published on the Texas Register soon, triggering a public comment period for the draft proposal. Under the expansion bill, the new rules must be finalized by October 1.
“We’ve received a lot of questions about this. We’ve gotten a lot of opinions about this,” Mueller said at the commission meeting. “And to be perfectly frank, we’ve had at least some that I would describe as attempts at undue influence on which direction we need to go with this.”
DPS will be adding 12 licensed medical cannabis providers to the current three that serve all medical cannabis patients in Texas. The new licenses will be awarded in a competitive process tied to the state’s public health regions to help ensure access to medical cannabis throughout the state.
State regulators will award the first round of new licenses on December 1 to nine of a pool of 139 applicants who participated in a 2023 application period. DPS will then open a second licensing round to the unsuccessful 2023 applicants and new applicants, who will have until September 15 to revise or submit their applications. Successful applicants for the second round of licenses will be announced on April 1, 2026.
After last week’s Public Safety Commission meeting, patient advocate Heather Fazio, director of the advocacy group Texas Cannabis Policy Center, hailed the expansion of the state’s medical cannabis program.
“This broad expansion of the Compassionate Use Program is a long time coming,” Fazio told Marijuana Moment. “Finally, Texas patients will have more options and new businesses will have the opportunity to operate.”
Fazio noted, however, that some provisions of the new law are still too restrictive and said that an effort to ban hemp-derived THC in Texas threatens access for many patients.
“There are still quite a few shortcomings in the program, including patient protections for employment, child custody, and gun rights, but we are grateful to see an improved and expanding program,” she added. “Unlike during previous application periods, new applicants will have the benefit of knowing the rating criteria in advance. This is a big step toward transparency, which we’ve supported for years.”
“While we work to preserve legal hemp-derived THC for responsible adult use, it’s important that we continue our efforts to provide patients with safe and effective medical cannabis through the Compassionate Use Program,” Fazio said.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
