Texas Compassionate Use Program Expanded with HB 46: What It Means in 2026

Texas Governor Greg Abbott signed HB 46 in 2025, the most significant expansion of the Texas Compassionate Use Program (TCUP) since the program launched in 2015. Texas is now officially the 40th state with a medical cannabis program. Here's what changed and what it means if you're considering medical cannabis in 2026.

What HB 46 Changed

1. New qualifying conditions

The list of conditions that qualify a Texas resident for TCUP grew significantly. The new additions include:

• Chronic pain (continuous or intermittent severe pain over 90 days)
• Crohn's disease
• Traumatic brain injury (TBI)
• Terminal illness
• Hospice care

These join the existing list: epilepsy, terminal cancer, autism, multiple sclerosis (MS), ALS, Parkinson's, Huntington's, other incurable neurodegenerative diseases, all cancers (added in 2021), and PTSD.

2. New dose limits

The old cap was 1% THC by weight. HB 46 replaces that with a per-dose limit of 10mg THC per dose and a per-package limit of 1,000mg THC per package. This brings Texas closer in line with other state medical programs and allows for higher-potency single doses than the old program permitted.

3. New product formats

HB 46 explicitly authorizes additional cannabis delivery methods: patches, lotions, suppositories, approved inhalers, nebulizers, and vaping devices. Previously TCUP was largely limited to tinctures, gummies, and lozenges.

4. Twelve new dispensary licenses

Texas has had only three TCUP-licensed dispensing organizations since the program began. HB 46 directs the Department of Public Safety to issue 12 new licenses across two phases: nine conditional licenses in Phase I and three more by April 1, 2026 in Phase II. This is the biggest expansion of dispensary footprint in the program's history and could finally bring TCUP physical access to underserved areas like West Texas.

How to Access TCUP After HB 46

The basic process is unchanged:

1. Verify you have a qualifying condition. The post-HB 46 list now includes chronic pain (a much broader category) and TBI, which dramatically expands eligibility.
2. Find a CURT-registered physician. The Texas Department of Public Safety maintains the Compassionate Use Registry of Texas; only physicians registered there can prescribe.
3. Get evaluated and prescribed. Doctor visits typically run $150-$300 out of pocket — TCUP is not insurance-covered.
4. Order from a licensed dispensary. Currently three organizations: Texas Original, Goodblend, and Fluent. New licensees from HB 46 may begin operating in 2026.

Total time from first call to first delivery: typically 1-3 weeks.

What HB 46 Doesn't Change

• Texas residency is still required
• Insurance still doesn't cover TCUP products or doctor visits
• The "prescription, not recommendation" framework remains — Texas treats medical cannabis as a true prescription product
• You still need a qualifying condition; recreational access is not legal in Texas

Hemp Retail Still Has Its Place

Even with the expanded TCUP, hemp-derived THC products from licensed Texas hemp retailers remain the dominant path for everyday use. Why?

• No qualifying condition needed. Hemp retail is open to any Texas adult 21+, no doctor visit, no registry.
• Speed. Same-day vs 1-3 weeks.
• Cost. No $150-$300 doctor visit before you can buy anything.
• Product range. Hemp retailers carry THC seltzers, edibles and tinctures. THCa flower, pre-rolls and concentrates are not currently sold in Texas while we await the next court decision on THCa. TCUP product range is more limited even after HB 46.
• Statewide access. Hemp retail is everywhere, including via Uforiq's Lubbock and Austin same-day delivery and nationwide shipping.

Which is Right for You?

• You have one of the new TCUP-qualifying conditions and want clinical oversight → TCUP is now broader and more accessible than ever.
• You want THC for general use, sleep, social occasions, or relief→ Hemp retail is faster, cheaper, broader and federally legal.
• You live far from a TCUP dispensary → Hemp retail (with delivery) often makes more sense.

Stay Current

Texas hemp and cannabis law are evolving fast. Track HB 46 implementation via the Texas DPS Compassionate Use Program page, and watch the ongoing THCa litigation (the injunction against the March 31, 2026 DSHS testing rules has been lifted and the Texas Hemp Business Council's appeal is pending).

Shop Federally Legal Hemp at Uforiq

Same-day delivery in Austin and Lubbock. Nationwide shipping in 2-3 business days. Every batch third-party lab tested.

• THC Gummies & Edibles
• THC Drinks & Seltzers
• THCa Flower (currently unavailable in Texas pending the THCa litigation)
• THCa Pre-Rolls (currently unavailable in Texas pending the THCa litigation)

Adults 21+ only. Federal hemp products comply with the 2018 Farm Bill and Texas DSHS Consumable Hemp Program rules.

Article written April 2026. Legal status updated October 12, 2026. Texas hemp law is changing rapidly. The Texas smokable hemp ban took effect March 31, 2026. The injunction that blocked it has since been lifted; see the update at the top of this page. Edible and beverage hemp products under the 0.3% THC dry-weight rule remain unaffected. This post is for informational purposes only and is not legal advice. Consult a licensed Texas attorney for guidance on your specific situation.