Many Texans are unclear about whether the state has an exception to its marijuana ban and even more don’t understand how to obtain medical marijuana if they fall under the criteria to have a prescription.
In 2024, only 32 percent of doctors applicable to prescribe medical marijuana were knowledgeable of Texas’s Compassionate Use Program, according to the program’s evaluation report. Florida, which has a similar medical marijuana program as Texas, had more than 840,000 registered patients. In comparison, Texas had 66,000 patients.
As Texans look to the future, a proposed bill of clarifying the use of medical marijuana may catch their eyes. Changes to the language in the Texas Compassionate Use Act were proposed to prevent confusion around medical marijuana laws and practices in Texas, making the program more accessible and utilized.
Texas Senate Bill 734, written by Senator José Menéndez, would make changes to the Texas Compassionate Use Program if passed. The bill was introduced on Jan. 7, 2025, and remains in its early stages.
Texas uses the Texas Compassionate Use Act to outline the laws regarding the use of marijuana products. The act allows low-THC cannabis products to be prescribed by qualified physicians to patients that have specific conditions outlined in the law.
Individuals who qualify for the Compassionate Use Program are those with:
- Amyotrophic lateral sclerosis
- Autism
- Cancer
- Epilepsy
- Incurable neurodegenerative disease
- Multiple sclerosis
- Post-traumatic stress disorder
- Seizure disorder
- Spasticity
The bill clarifies definitions for medical cannabis organizations, medical products, and medical use. Other clarifications include protections for parents from accusations of child abuse and denial of parental rights.
Texas Agriculture Commissioner Sid Miller is among the state officials calling for changes to the Texas Compassionate Use Act.
“Thanks to loose legal language and generous interpretation of the law, an unregulated market for recreational marijuana has sprung up across Texas,” Miller said in an opinion article on the Texas Department of Agriculture website.
In opposition to politicians who believe that keeping the Texas Compassionate Use Program but clarifying language is the solution, Lt. Gov. Dan Patrick believes outlawing THC is the solution.
“Senate Bill 3, which will be carried by Sen. Charles Perry, R-Lubbock, will ban all forms of THC and keep these unsafe products off our streets. We are not going to allow these retailers to circumvent the law and put Texans’ lives in danger,” Patrick said in a written statement.
“When passing these laws, legislators sought to define intoxicating marijuana, which remains illegal in most cases. The resulting definition has led to the problems we face today.”
While major changes or the elimination of the Texas Compassionate Use Program are not widely anticipated, many different government departments have expressed desires to reform language in the current bill.
