Recent Medical Cannabis Developments

New laws, regulations, and court decisions are impacting access for medical cannabis patients and cannabis businesses in several states. While some developments are positive, such as Texas recently expanding its Compassionate Use Program, others are cause for concern and opportunities for advocacy.

Texas: On September 1, HB 46 took effect, significantly expanding the Texas Compassionate Use Program (TCUP), Texas’ restrictive medical cannabis law, including by adding chronic pain, allowing inhalation of extracts, and replacing the 1% THC cap with a 1 gram/ package cap. 

Some parts of the law, however, required administrative rulemaking to implement. The Department of Public Safety (DPS) has proposed rules to license more dispensing organizations and to allow satellite locations. Additionally, the Department of State Health Services (DSHS) has proposed rules to create a process for requesting approval of devices for non-smoked pulmonary inhalation and to establish a process for physicians to request that DHS recommend the legislature approve additional qualifying conditions.  

MPP has submitted comments to DSHS, raising several concerns about how the rules would undermine HB 46. If you’d like to weigh in, you can submit comments on the proposed DHS rules to [email protected] with “Comments on Proposed Rule 25R037” in the subject line (while the deadline for comment is October 6, rules must be effective by October 1, so it may be prudent to submit by late September) and send comments on the proposed DPS rules to [email protected] by Sunday, September 21.

Our allies at the Texas Cannabis Policy Center have additional information on the rules and licensing process and timeline here. 

In other news, Gov. Greg Abbott (R) issued Executive Order GA 56 on September 10, directing agencies to age-gate and further regulate hemp-derived THC products. Make sure you’re signed up for MPP’s Texas e-mail alerts for updates on rulemaking.

Georgia: The Blue-Ribbon Study Committee on Georgia's Medical Marijuana and Hemp Policies is tasked with studying and evaluating policies and procedures surrounding medical marijuana and hemp products. The meeting dates and locations can be found here. Georgia currently has a low-THC medical cannabis law that allows extracts with up to 5% THC. 

Nebraska: Gov. Jim Pillen signed outrageous medical cannabis emergency regulations that the state’s leading medical cannabis advocate called the “nail in the coffin” for the medical program. MPP’s comments on an earlier version of the proposed emergency regulations can be found here. The Nebraska Medical Cannabis Commission is accepting applications for cultivation licenses through September 23, 2025.

Alabama: The Alabama Medical Cannabis Commission (AMCC) is preparing to have an administrative law judge hold investigative hearings that could “resolve a key issue by finally issuing licenses to dispensaries.” Currently, there are court-imposed stays in the issuance of licenses, brought on by lawsuits from applicants.

Kentucky: Medical cannabis sales are expected to launch by the end of the year, according to Gov. Andy Beshear. The portal for applying for medical cannabis patient cards has become operational. The state has created a guidebook to help walk patients through the process to become a registered patient, and the Office of Medical Cannabis is hosting a series of webinars​ for how potential patients and caregivers can become medical cannabis cardholders.

Federal: In Congress, the House Appropriations Committee has approved a spending bill that would block the Department of Justice from using funds to advance federal marijuana rescheduling, essentially halting any action the White House might take to reschedule cannabis under the Controlled Substances Act. Marijuana is currently listed as Schedule I under the CSA — the most restrictive designation reserved for drugs with high potential for abuse and no clearly determined medical use.