Politics
Texas Officials Finalize Medical Marijuana Rules To Let Doctors Recommend New Qualifying Conditions And Prescribe THC Inhalation Devices
Texas officials have officially adopted rules further expanding the state’s medical marijuana program, allowing doctors to recommend new qualifying conditions for cannabis patients and creating standards for allowable low-THC inhalation devices.
Following a public comment period, the Department of State Health Services (DSHS) has now posted finalized rules in the Texas Register—responsive to a law enacted by the legislature earlier this year.
The Health and Human Services Commission (HHSC) under DSHS said part of the rule change, which will enable the department to “receive physician requests to add medical conditions to the list of qualifying conditions for which physicians may prescribe low-THC cannabis,” did not change from its initially proposed form following the comment period.
Specifically, doctors will be able to submit recommended medical cannabis qualifying conditions to DSHS, which must then forward the recommendation to the Department of Public Safety (DPS). That department will be tasked with submitting the request to lawmakers for consideration in the next legislative session.
The other component of the new rule related to pulmonary inhalation devices was slightly revised in response to public feedback. For example, the language now reflects that physicians may–but are not required–to prescribe vapes for patients to use cannabis.
The rule was also amended to make it so dispensing entities can submit a form to DSHS requesting approval of additional pulmonary inhalation devices. And while the department said it isn’t in a position to set safety standards for those devices, requests to make them available for prescription must come with an attestation that they’re “safe and effective.”
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Meanwhile, in late October, DPS adopted additional rules increasing the number of licensed dispensaries, establishing security requirements for “satellite” locations and authorizing the revocation of licenses for certain violations.
DPS will ultimately be issuing 12 new licenses for dispensaries across the state. Currently there are only three. The additional licensees will go through a competitive process, with officials prioritizing Texas’s public health regions to optimize access.
The first round of licenses will be awarded to nine of 139 applicants who submitted their forms during an earlier application window in 2023. DPS will select those nine licensees on December 1. The 2023 applicants that didn’t receive a license, as well as any new prospective licensees, will have another shot at getting their license during a second round where awardees will be announced on April 1, 2026.
In addition to increasing the number of dispensaries in the state, the law signed by the governor also expands the state’s list of medical cannabis qualifying conditions to include chronic pain, traumatic brain injury (TBI), Crohn’s disease and other inflammatory bowel diseases, while also allowing end-of-life patients in palliative or hospice care to use marijuana.
Separately, DSHS recently adopted a set of emergency rules meant to prevent the sale of intoxicating hemp products to people under 21.
After similar restrictions were implemented by the Texas Alcoholic Beverage Commission (TABC) in September, DSHS announced that they’ve moved forward with the policies changes that comply with the governor’s recent executive order on hemp.
After the legislature failed to pass a controversial bill to ban hemp products containing THC during two special sessions following the governor’s veto of a similar measure earlier this year, Gov. Greg Abbott (R) signed the executive order to impose certain restrictions on the market.
Separately, a recent survey from a GOP pollster affiliated with President Donald Trump found that Texas Democratic and Republican voters are unified in their opposition to the hemp ban proposal.
Image element courtesy of AnonMoos.
