TCUP Products & THC Limits

HB 46 restructured THC limits from 1% by weight to 10mg per dose and 1,000mg per package, authorized a dozen new product forms including vaporizers and patches — but smokable flower remains prohibited.

Last verified: April 2026

THC Limits: Before and After HB 46

The 2025 expansion fundamentally changed how THC is measured in TCUP products:

Metric Before HB 46 After HB 46
THC measurement 1% by weight Per-dose / per-package
Per dosage unit N/A 10mg THC maximum
Per package N/A 1,000mg (1 gram) THC maximum
Cannabinoid source Not specified Naturally occurring phytocannabinoids only

The shift from percentage-by-weight to per-dose measurement is significant. Under the old 1% rule, a 30mL oil tincture could contain at most 300mg of THC. Under the new rules, that same tincture could contain up to 1,000mg — more than triple the previous maximum — as long as each individual dose does not exceed 10mg.

Authorized Product Forms (Post-HB 46)

HB 46 dramatically expanded the types of products dispensaries may manufacture and sell. The following forms are now authorized:

Existing Product Forms

  • Oils — sublingual oil drops, the original TCUP product form
  • Tinctures — alcohol- or oil-based liquid extracts
  • Capsules — pre-measured gel caps
  • Gummies and edibles — chewable, measured doses
  • Lozenges — dissolvable tablets
  • Topicals — creams and balms for localized application
  • RSO oral syringes — Rick Simpson Oil in measured syringes
  • Distillate syringes — concentrated cannabis oil

New Product Forms Added by HB 46

  • Transdermal patches — sustained-release delivery through the skin
  • Lotions — expanded topical options
  • Suppositories — for patients who cannot take oral medications
  • Metered-dose inhalers — pharmaceutical-style inhalers
  • Nebulizers — for patients with respiratory conditions
  • Vaporization devices — the most anticipated new product category
Smokable Flower Remains Prohibited

Despite the 2025 expansion, dried cannabis flower for smoking remains illegal under TCUP. Texas is one of the few medical cannabis states that completely bans smokable products. Patients who smoke marijuana — even with a valid TCUP prescription — have no legal protection.

Vaporization Products: Coming Mid-2026

Vaporizers are the most significant new product category. The Department of State Health Services (DSHS) was directed to develop rules governing vaporization devices by October 1, 2025. As of April 2026, DSHS has published proposed rules and the public comment period has closed. Dispensaries are expected to begin offering vaporization products in early-to-mid 2026.

The vaporization rules will address device standards, temperature controls, hardware safety testing, and packaging requirements. goodblend has publicly stated it is preparing vaporization products for launch once DSHS rules are finalized.

Phytocannabinoid Requirement

HB 46 specifies that TCUP products may contain only naturally occurring phytocannabinoids — compounds produced naturally by the cannabis plant. This means:

  • Synthetic cannabinoids are prohibited — no lab-created THC or THC analogs
  • Chemically altered cannabinoids are prohibited — no delta-8 THC produced through chemical conversion of CBD
  • Full-spectrum and broad-spectrum extracts are permitted — products may contain the full range of naturally occurring cannabinoids (THC, CBD, CBG, CBN, etc.)

This provision draws a clear line between TCUP's pharmaceutical-grade products and the unregulated hemp-derived THC market, where chemical conversion of CBD to delta-8 and delta-9 is standard practice.

Product Pricing

TCUP products typically range from $40 to $70 per item. Specific pricing varies by product type, cannabinoid concentration, and dispensary. Because cannabis remains federally illegal, no insurance covers these costs, and products are not tax-deductible. See our costs and access barriers page for a complete breakdown.

Comparison with Hemp-Derived THC

TCUP products are estimated to cost approximately 3 times more than comparable hemp-derived THC products sold in Texas smoke shops and online. However, TCUP products offer several advantages:

  • Lab-tested and regulated by DPS and DSHS
  • Consistent dosing with standardized potency
  • Physician oversight of treatment plans
  • Legal protection for patients with valid CURT prescriptions