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Texas Cannabis Laws Shift as Medical Access Expands and THC Ban Looms

Quick take: Texas just took a major step in cannabis reform. On June 21, 2025, Governor Greg Abbott signed Texas HB 46 into law, expanding the Texas…

Texas just took a major step in cannabis reform. On June 21, 2025, Governor Greg Abbott signed Texas HB 46 into law, expanding the Texas Compassionate Use Program (TCUP) to include patients with chronic pain, PTSD, and other conditions. It’s the most significant shift in the state’s medical marijuana landscape since the program’s inception in 2015—offering new hope to thousands who’ve long been left out.

While debate over hemp-derived THC products continues under Senate Bill 3, Texas House Bill 46 stands on its own as a pivotal moment for medical cannabis in Texas.

Key Takeaways

  • Governor Abbott signed HB 46 to expand the Texas Compassionate Use Program (TCUP)
  • The new law adds chronic pain and PTSD to the list of qualifying conditions
  • SB 3, a proposed ban on hemp-derived THC products, awaits a final decision
  • Critics say Texas HB 46 benefits a small group of license holders and excludes hemp operators
  • Texas cannabis laws may soon see their biggest change in over a decade

Texas Cannabis Laws Are at a Crossroads in 2025

The landscape for Texas cannabis laws is rapidly shifting. On June 21, Governor Greg Abbott signed House Bill 46, expanding access to low-THC medical cannabis for patients with chronic pain, PTSD, and other conditions. It marks the most significant change to the state’s Compassionate Use Program since it was created in 2015.

But the expansion came with political strings attached. Lawmakers were pressured to support Senate Bill 3, a controversial measure that would outlaw all hemp-derived THC products, including popular cannabinoids like Delta-8, Delta-9, and THC-A. As of this writing, Abbott has yet to decide the fate of the Texas THC ban.

What Texas HB 46 Changes and What It Doesn’t

Cannabis laws

HB 46 expands the number of qualifying medical conditions and slightly increases the allowable THC limit for medical cannabis products. It also permits new product formats, including inhalers and topicals.

However, critics say the bill entrenches a highly exclusive licensing system that favors a small number of vertically integrated businesses. Concerns include:

  • No opportunity for existing hemp licensees to enter the medical market
  • Vague “moral character” standards for applicants
  • A closed-loop system that requires full control over cultivation, production, and sales
  • Political favoritism in license distribution

Former lawmakers and patient advocates argue the bill offers progress in name only.

The Future of Hemp Under SB 3

While Texas HB 46 is now law, Senate Bill 3 remains in limbo. The bill seeks to ban the production, sale, and possession of all hemp-derived THC products, which are widely available in Texas retail stores. These products have become vital to patients who don’t qualify for TCUP and to small businesses that depend on over-the-counter cannabinoid sales.

If SB 3 is enacted, it would:

  • Criminalize a multibillion-dollar hemp industry
  • Cut off access to affordable alternatives for thousands of patients
  • Create new enforcement burdens for state and local law enforcement

A lawsuit filed in Travis County challenges the constitutionality of the bill, citing violations of due process and the federal protections under the 2018 Farm Bill.

opposing THC ban

Conclusion

As 2025 unfolds, Texas cannabis laws are entering a pivotal chapter. Texas HB 46 expands the state’s limited medical program, but it also reinforces a closed system that shuts out many Texans. Meanwhile, SB 3 threatens to criminalize hemp-derived THC and dismantle a thriving local industry. Governor Abbott’s decision will determine whether the state moves forward with balanced reform, or doubles down on prohibition under a new name.

This article is based on publicly available legislative records, court filings, industry reports, and published research as of the publication date. Cannabis laws and regulations change frequently — verify current rules with your state’s regulatory agency.

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