Legal Conflicts, Gun Rights Violations, and Urgent Policy Gaps
The Texas Compassionate Use Program (TCUP), expanded under House Bill 46 (HB 46) and set to take effect September 1, 2025, still leaves qualifying Texans—legally exposed, constitutionally compromised, and unprotected in key areas of daily life.
Meanwhile, the 2024 U.S. 5th Circuit ruling in United States v. Connelly signals that the federal firearms ban on cannabis users may violate Second Amendment protections—making Texas’s forced patient disarmament through TCUP increasingly untenable.
WHAT HB 46 ACTUALLY DOES (Effective Sept. 1, 2025):
- Adds new qualifying conditions: chronic pain, Crohn’s disease, TBI, degenerative disc disease, hospice/terminal illness.
- Increases licensed dispensaries from 3 to 15 and allows satellite locations.
- Permits new product forms: patches, lotions, nebulizers, vaporizers.
- Still prohibits smoking flower.
- Caps THC at 10mg per dose.
- Previous caps were 1% which would actually allow more THC per dose.
- Previous caps were 1% which would actually allow more THC per dose.
- Does not protect registered users from:
- CPS investigations
- Employment discrimination
- Firearm restrictions
- Arrests by local law enforcement
- CPS investigations
In contrast to comments made by Senator Charles Perry, Texas’s program remains among the stricter, especially compared to most U.S. medical cannabis programs.
| State | # of Dispensaries | THC Limits | Qualifying Conditions | Home Grow | Product Types Allowed |
|---|---|---|---|---|---|
| California | ~1,000+ (dual-use) | No per-dose cap | Very broad + physician discretion | ✅ Yes | Flower, vapes, edibles, tinctures, topicals, concentrates, beverages |
| Colorado | ~800+ (dual-use) | No cap | Broad list (pain, PTSD, epilepsy, etc.) | ✅ Yes | Flower, vapes, edibles, capsules, tinctures, topicals, suppositories |
| Illinois | ~110 (mostly dual) | No mg limit | 30+ conditions + PTSD + HIV | ✅ Yes | Flower, edibles, vapes, tinctures, pills, patches, beverages |
| Florida | ~1,000+ clinics | No strict cap (doctor guided) | Broad list: PTSD, pain, cancer, MS | ❌ No | Edibles, vapes, oils, capsules, tinctures, topicals (no smokable flower for rec) |
| New Mexico | ~30 (dual use) | No per-dose cap | Broad medical list | ✅ Yes | Flower, edibles, tinctures, topicals, concentrates, patches, beverages |
| Michigan | ~600+ total | No cap | Broad + physician discretion | ✅ Yes | Flower, edibles, oils, vapes, tinctures, capsules, topicals, concentrates |
| Virginia | ~21 (medical only) | 10 mg per dose (edibles) | Expanded list; provider discretion | ❌ No | Oils, capsules, edibles, vapes, suppositories, patches (no flower sales) |
| Louisiana | ~10 (medical only) | No cap | Any “debilitating” illness | ❌ No | Oils, tinctures, capsules, topicals, metered-dose inhalers (flower approved 2022) |
| Maryland | ~30–40 | No specific mg cap | Broad, physician discretion | ❌ No | Flower, tinctures, oils, capsules, vapes, edibles, suppositories, topicals |
| Oklahoma | ~1,200 (medical) | No cap | Physician-approved (no list) | ✅ Yes | Flower, vapes, edibles, tinctures, concentrates, topicals, beverages, patches |
| Texas (TCUP) | 3–5 (medical only), 15 allowed under HB 46 expansion | 10 mg per dose | Very limited list (autism, epilepsy, PTSD, etc.) | ❌ No | Low-THC tinctures, capsules, oils, topicals. No flower, vapes, or edibles |
Summary of Risks for Texans in TCUP
Forced Into a Registry That Compromises Your Privacy
Participation in TCUP requires Texans to be entered into a state-managed, physician-linked registry. While intended to facilitate access to low-THC cannabis, this creates a documented, accessible record of your cannabis use—one that can be:
- Referenced by law enforcement during a stop or investigation
- Subpoenaed in criminal or family court
- Used as de facto admission of unlawful substance use under federal law
There are no clear safeguards preventing this registry from being used against registered TCUP participants, especially in firearms-related cases or parental rights disputes. Texans are effectively forced to surrender medical privacy and constitutional protections to legally access a state-sanctioned treatment.
This sets the stage for a broader set of rights violations:
Second Amendment Violations
Lawful registered users are federally prohibited from gun ownership, even if sober.
Under 18 U.S.C. § 922(g)(3), anyone considered an “unlawful user” of a controlled substance—including cannabis—is disqualified from firearm ownership.
- Federal law prohibits firearm acquisition and possession if you are actively using low-THC cannabis, even under TCUP.
- Texas state law does not override this—you cannot legally own or buy a firearm if you’re using low‑THC cannabis under TCUP.
Parental Rights at Risk
- HB 46 includes no protections from CPS investigations or custody disputes between parents or guardians.
- Parents who legally participate in TCUP for themselves or their children could still face CPS involvement—especially in conservative counties.
No Legal Shield From Local Law Enforcement
Texas does not require local law enforcement or DAs to recognize TCUP participation.
- HB 46 (Sec. 487.201) ensures counties and cities cannot outlaw low‑THC cannabis, preventing them from criminalizing cultivation, possession, or dispensing within their jurisdictions.
- However, the law does not require local police or district attorneys to recognize TCUP status when encountering a person in possession—even if they are fully compliant with HB 46.
What That Means in Practice
A county sheriff or local police officer might not recognize your TCUP status—or might not care. Some district attorneys (DAs) in more conservative or rural counties still prosecute THC possession, even if you’re a registered TCUP patient—especially if:
- You’re carrying more than the exact prescribed amount.
- The product doesn’t have clear labeling.
- They suspect you’re not using it “as directed.”
Why This Happens
Texas law allows prosecutorial discretion at the county level. That means:
- A DA in Travis County (Austin) may choose not to prosecute registered patients.
- A DA in Montgomery County or Lubbock might still pursue charges for the same situation.
Texas lacks statewide mandates requiring law enforcement or DAs to:
- Verify TCUP registry status before arrest
- Accept low-THC labels as valid proof
- Drop charges when THC tests confirm compliance
This inconsistent enforcement undermines patient protections—and even registered individuals can be arrested, prosecuted, and penalized simply for adhering to the program.
As a result:
- Registered users can be arrested and charged during traffic stops.
- Compliant providers and products may be seized and tested due to labeling disputes or suspicion.
No Tax Relief for Choosing Cannabis Over Pharmaceuticals
While traditional prescription medications are tax-deductible, medical cannabis—even under Texas’s Compassionate Use Program (TCUP)—is not. This is an important point if patients are being forced to join a program 3x the cost of hemp-derived products.
That means Texans who opt for cannabis instead of opioids, antidepressants, or other pharmaceuticals are penalized for choosing a safer or more effective option.
This hits hardest for:
- Veterans on fixed incomes trying to manage pain or PTSD
- Parents balancing healthcare with child-related expenses
- Seniors facing age-related conditions without coverage
- Small businesses who provide TCUP-compliant products but can’t deduct standard expenses, due to IRS Code 280E
Choosing medical cannabis in Texas means paying exorbitant prices, with no insurance, and no tax relief—even when it’s state-legal and doctor-recommended.
In Texas, the message is clear:
If you pick medical “cannabis” over a prescription pad, you pay the price.
FURTHER HARM IF SB 5/HB 5 PASSES
SB 5 would dramatically narrow or eliminate access to all hemp-derived THC products, creating ripple effects even within TCUP:
If SB 5 becomes law:
- TCUP becomes the only legal option for THC relief—yet it’s still legally risky and unaffordable for many.
- Registered users will be funneled into a program that strips them of their second amendment rights, eliminates medical privacy through state tracking, and threatens parental status.
- Rural access collapses: Without affordable, decentralized hemp products, registered users in underserved areas lose access.
- Texas adults–including Veterans–lose their 2A rights: For veterans, this means many would be forced into a program that triggers the very federal disqualifications they fought to defend against.
HB 46 expands access—but fails to protect Texans’ most basic rights.
It puts veterans, parents, and registered users in legal jeopardy, while relying on a patchwork system that varies by zip code and prosecutor. As it stands, TCUP forces registered users to choose between relief and liberty.
Any legislation that mandates or limits THC access exclusively to TCUP—without fixing these flaws—would be a step backward for freedom, fairness, and responsible public policy.
