Texas’ Compassionate Use Program and Hemp Industry Brace for Legislative Showdown

In 2020, Marble Falls resident Jack Stinnett received life-changing news when doctors diagnosed him with tongue and mouth cancer. The once-active 60-year-old, who regularly cycled over 60 miles a day, suddenly faced an uphill battle, undergoing chemotherapy and radiation treatments that ultimately led to severe weight loss and nerve pain. Relief came for Stinnett in the form of medical marijuana, prescribed through Texas’ Compassionate Use Program.

The drug eased his nerve pain and helped restore his appetite and sleep. “This Compassionate Care Act, in my opinion, helps like no other,” he said. “We just need politicians to get out of the way.”

Stories like Stinnett’s underline the program's success since it began in 2015. Yet, strict regulations on patient eligibility, product limitations, and storage requirements have hampered the program’s potential to aid more Texans. Now, it faces its most significant challenge yet as Texas lawmakers deliberate the future of medical cannabis against the backdrop of a booming hemp market dominated by delta-8 and delta-9 products. These hemp-derived cannabinoids, more accessible and less regulated, have spurred a rise in demand, creating tension between the medical cannabis and hemp industries in Texas.

Across the nation, states like Colorado and California, where medical and recreational marijuana are legal, have tightened restrictions on hemp products to enforce health and safety accountability. Texas may follow suit. Senator Charles Perry, a key player in Texas’s 2019 agricultural hemp legislation, is now moving to impose strict regulations—or even an outright ban—on consumable hemp products that mimic the effects of cannabis. “If you can't regulate it, control it, and enforce it, you just don't allow it to happen," Perry stated during a recent Senate committee hearing.

Lt. Gov. Dan Patrick is also taking aim, pushing for a ban on delta-8 products and directing lawmakers to assess the impact of intoxicating hemp products on Texas, especially on children. In August, the Texas Department of State Health Services escalated the issue by filing a case before the Texas Supreme Court to classify delta-8 as illegal. The case remains pending, leaving delta-8 products legal—for now.

The hemp industry has rallied against these proposed restrictions. “Any bans or excessive legislation of hemp-derived cannabinoids…will negatively impact an industry that has an $8 billion economic impact, pays $1.6 billion in annual wages, and supports more than 50,000 workers,” said Lukas Gilkey, CEO of Hometown Hero, a company defending delta-8’s legality in court.

As Texas lawmakers prepare for the next legislative session, the future of both medical cannabis and the hemp industry hangs in the balance, with significant implications for patients, businesses, and the state’s economy.

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