Key Provisions of House Bill 46

House Bill 46 (HB 46), championed by Rep. Ken King (R-Canadian), seeks to modernize and expand the existing medical cannabis framework in Texas. The bill received unanimous approval in the Senate after passing the House by a vote of 122-21.

• Expanded Qualifying Conditions: The bill proposes adding chronic pain and terminal or hospice care to the list of conditions eligible for medical marijuana treatment.
• New Product Forms: If enacted, HB 46 would permit the sale of vaporized and aerosol cannabis products, such as prescribed inhalers and vaping devices, alongside existing options like gummies, lozenges, topicals, beverages, and tinctures.
• Satellite Dispensary Locations: the legislation aims to address logistical challenges by allowing licensed distributors to operate multiple satellite locations, streamlining product distribution and reducing costs.

Senate Amendments and House Reconciliation

While the House version of HB 46 included Crohn’s disease, glaucoma, traumatic brain injury, and spinal neuropathy as qualifying conditions, the Senate’s version removed these and narrowed the House’s definition of chronic pain. The bill now returns to the House, where lawmakers must approve the Senate’s changes before it can be sent to Gov. greg Abbott for consideration.

Chronic Pain Definition and Opiate Prescriptions

Sen. Charles perry (R-Lubbock) clarified the criteria for chronic pain eligibility under the bill. He emphasized that the designation would primarily apply to individuals already prescribed opiates for pain management.

According to Sen. Perry:

When you get an opiate,that is the highest level of pain you can get in our bodies,right? The medical board threaded that needle and we are using that definition.There wasn’t a legislative definition, but there was a medical one, and we tied it to that.
Sen. Charles Perry (R-Lubbock)

Addressing Dispensary Limitations

The bill also seeks to increase the number of licensed medical cannabis dispensers in Texas from three to twelve,with the initial three selections drawn from a previously submitted list. This expansion aims to prevent the industry’s collapse and improve patient access.

Current state regulations mandate that all operations, including cultivation, processing, and dispensing, occur under one roof. Furthermore, inventory storage at multiple locations is prohibited, necessitating daily transportation of prescriptions from the central dispensary, sometimes across significant distances.

This logistical hurdle has contributed to higher product costs and limited the program’s reach, hindering the growth of the medical cannabis market in Texas. HB 46 aims to alleviate these issues by allowing distributors to store products at satellite locations, reducing the need for extensive daily transportation.

Sen. Perry stated, This should help alleviate some of the costs as they will be able to store it in those distribution centers.

Vaporized Products and the Hemp Market

One of the most significant potential changes introduced by HB 46 is the inclusion of vaporized and aerosol marijuana products. This move is seen as an effort to align the medical program with the popularity of products available in the largely unregulated hemp industry.

Many hemp-derived products offer similar effects to medical marijuana but are more readily accessible and frequently enough cheaper, as they do not require a physician’s suggestion. This ease of access has, according to industry insiders, rendered the medical marijuana program somewhat irrelevant.

However, recent legislative action in Texas has targeted the hemp market, prompting concerns and opposition, particularly from individuals who rely on hemp products for medical purposes.

Hemp Market Crackdown and Public Reaction

Lt. Gov. Dan patrick addressed the crackdown on the hemp market during the HB 46 hearing, stating:

What we have done this session, members, is eradicate bad actors who are poisoning our community, children and adults, and making a massive profit off people. We have wiped them out and are now building one of the biggest Compassionate Use Programs in the country.
Lt. Gov. Dan Patrick

The ban on hemp products has faced strong opposition from veterans,parents of children with disabilities,and the elderly,who have testified about the importance of having easy access to these products.

Sen. Roland Gutierrez (D-San Antonio) addressed these concerns, stating:

I want to reiterate since we got so many calls. This body has always made a commitment to our veterans. But we also have a commitment to our kids, and it’s to keep them safe from narcotics that they shouldn’t be doing until they are 25 and under a medical setting. Never under any terms did we intend for a child to go to the convenience store and get a vape pen. We had to grab the reins of a pretty strong horse. We all had to do that, and we all got grief for it, but we never authorized it in the first place.
Sen. Roland Gutierrez (D-San Antonio)

Correction

An earlier version of this article incorrectly stated that a bill expanding the state’s medical marijuana program would allow smokable products. The only new methods that would be legalized are vaporized and aerosol products.