What Texas Changed (HB 46)
Texas passed HB 46, the most significant update to the Compassionate Use Program (TCUP) since 2015. Effective September 1, 2025, the law introduces several important changes. More qualifying conditions have been added, including chronic pain, Crohn’s/IBD, traumatic brain injury, and terminal illness/hospice, joining PTSD and previously approved conditions, expanding access for veterans and other Texans under clinician-supervised care.
The law modernizes dosing rules, replacing the prior “≤1% by weight” THC limit with a per-dose unit cap of ≤10 mg THC and a per-package cap of ≤1 g THC. Physicians now have the flexibility to determine safe, effective doses. Medical inhalation is permitted only via aerosol or vapor devices, while smoking remains prohibited. Agencies will set device standards to ensure safety and consistency.
Prescriptions can last up to one year, with four 90-day refill periods and partial fills allowed. Supply and licensing are expanded to 15 dispensaries statewide, improving access for veterans. Local preemption prevents cities or counties from blocking state-authorized cultivation, production, storage, dispensing, or possession. HB 46 reshapes eligibility, dosing, delivery, and access to better match products and administration methods to veterans’ needs.
What Veterans Will Notice
For veterans, these changes feel practical and patient-centered. The broadening of the qualifying conditions and the one-year prescriptions enable the process to be less repetitive and time-consuming, making medical visits unnecessary and providing more stability and continuity of care. The benefits of long prescription periods and refills will save time and money because the veterans who had to renew their prescriptions on a regular basis can now use this feature.
With more dispensaries licensed in Texas, the greater availability of the dispensaries, through increased storefronts and delivery, raises accessibility, especially in rural or underserved locations. This makes it more convenient, reduces the burden of travel, and gives hope to the veteran community, which indicates the attempts of Texas to combat the issue of healthcare needs and quality of life.
Safety measures are also considered. The presence of clear per-dose and per-package THC limits, as well as the standards of inhalation of medical devices, guarantees responsible use, and it also grants veterans a feeling of safety. The rules assist clinicians in tracking performance and reducing risks, including clinician-directed care for PTSD, persistent pain, and subsequent surgery recovery, among other eligible conditions. The law balances access and safety, whereby the veterans get to take advantage of cannabis therapy based on well-structured, evidence-based guidelines.
How the Process Works (Texas)
Here’s what the process looks like under HB 46. Veterans first see a CUP-registered physician. If the clinician finds cannabis appropriate for treatment, they enter the prescription directly into CURT, the state’s secure electronic system, eliminating the need for paper prescriptions and streamlining the process for both patients and providers.
After the prescription is entered, patients pick up their medication from a state-licensed dispensing organization after their ID is verified in CURT. Available formats include oils, tinctures, capsules, lozenges, and aerosols/vapors. Smoking is still prohibited, ensuring that the therapeutic use of cannabis aligns with safety and public health standards. Prescriptions last up to one year, with four 90-day refills allowed, depending on the physician’s plan. These adjustments make it easier for veterans to maintain consistent treatment while minimizing disruptions to their daily routines.
The Texas Retail Hemp / Vaping Context (Separate from TCUP)
One should also know what is going on beyond the Compassionate Use Program. By September 1, 2025, Texas will prohibit the sale and marketing of THC vape pens, and the possession laws will be different based on the circumstances. Besides, new age-gating regulations have raised the age to 21 or above to sell THC/THC-A in its retail, which will become effective on September 10, 2025. These regulations have no impact on TCUP prescriptions but reflect the will of the state to impose stricter regulations on non-medical THC products and an increase in the medical program.
To the point, the medical cannabis program is growing, offering additional opportunities to veterans experiencing chronic pain, PTSD, and other qualifying conditions, and general retail hemp and THC regulations are becoming more limiting. This two-fold strategy is an indicator of a cautious approach to strike a balance between patient accessibility and the aspect of security of the population.
Federal & VA Rules (Unchanged for Now)
At the federal level, cannabis remains a Schedule I substance until the DEA finalizes its pending rescheduling proposal, so it is still illegal under federal law. VA policy allows clinicians to discuss cannabis use with veterans and document it in medical records, but VA providers cannot prescribe, certify, or pay for cannabis. Veterans can legally use state-authorized medical cannabis without affecting VA benefits, but cannabis should never be brought onto VA property. The combination of federal and state rules creates a landscape where veterans must carefully navigate legal and medical requirements while maintaining open communication with their healthcare providers.
What This Means for Nonprofits (Gifting & Compliance)
For 501(c)(3) veteran-serving nonprofits, certain activities remain permitted under federal law. Organizations may engage in education, outreach, neutral sponsor acknowledgments, and grants for non-cannabis supports, such as housing, utilities, or transportation.
However, funding cannabis products, paying for certifications, or promoting vendors is strictly prohibited. Federal law and IRS rules continue to prohibit direct cannabis support. To remain compliant, organizations must ensure that sponsor recognition is brand-neutral, limited to names or logos without product claims or promotional messaging. This ensures that veterans receive guidance and support without inadvertently violating federal regulations.
Where TCUP Meets VA Care
Veterans should always disclose their cannabis use to VA clinicians. This helps coordinate care safely, particularly for PTSD therapies, pain management programs, medications such as sedatives or blood thinners, and workplace or driving safety considerations. State-legal cannabis use does not impact VA benefits, but communication ensures that veterans receive comprehensive care while minimizing risks of interactions or complications. Veterans who proactively discuss their use can receive tailored guidance to optimize both safety and therapeutic effectiveness.
Quick Checklist for Veterans & Caregivers
- Confirm eligibility: PTSD, chronic pain, TBI, Crohn’s/IBD, etc. (MPP)
- Find a CUP-registered physician and plan out your one-year prescription and refills. (Texas DPS)
- Know your formats: oils, capsules, lozenges, and aerosols/vapors (no smoking). (MPP)
- Expect expanded access as DPS rolls out new licenses. (Texas DPS)
- If you’re in a safety-sensitive job, review drug testing policies and talk to your clinicians about risks. (VA Public Health)
FAQs (Texas-Specific)
Q: Is smoking medical cannabis legal?
A: No. HB 46 allows inhalation via aerosol/vapor devices only. Smoking is still prohibited. (MPP)
Q: How much THC per dose?
A: Up to 10 mg THC per dosage unit; max 1 g THC per package. (MPP)
Q: Will there be a dispensary near me?
A: DPS is licensing up to 15 organizations, with applications accepted August 15–September 15, 2025. (Texas Department of Public Safety)
Q: Can my city block a dispensary?
A: No. Local governments cannot prohibit authorized TCUP activities. (Capitol Texas)
Q: Will VA pay for cannabis?
A: No. VA cannot prescribe or pay for cannabis or certifications, but you can discuss your use openly with VA clinicians. (Public Health VA)
Sources to Bookmark
- HB 46 (enrolled text & summary) — eligibility, dosing, devices, licensing, local preemption. (Capitol Texas)
- DPS TCUP Licensing Updates & Application Window — August 15–September 15, 2025. (Texas Department of Public Safety)
- Texas THC Vape Sales Ban / Retail Hemp — current restrictions. (The Texas Tribune)
- Federal / VA Policy — rescheduling status; VA discussion-allowed/ no-prescribing. (Moritz College of Law)
Takeaway
Texas law now supports clinician-guided, non-smoked cannabis for more conditions, with clear dosing rules and wider access. But since federal law hasn’t caught up, veterans and nonprofits should stay compliant with state rules, keep cannabis activities brand-neutral, and always loop VA clinicians into their care.
IMPORTANT NOTICE
Educational use only. No medical or legal advice.
Mendry is a 501(c)(3) nonprofit, not a government agency, and not affiliated with the VA or any federal or state agency.
Mendry does not provide treatment, prescribe or sell cannabis, or collect PHI.
Healthcare decisions are yours and your licensed clinicians’ only.
Emergency: 911 | Veterans Crisis Line: 988 (Press 1)