New medical marijuana legislation in Texas expands patient rights and access, but what does it mean for your workplace drug policies, employee discipline, and ADA compliance?
In the last legislative session, the Texas Legislature made significant, expansive changes to the medical marijuana laws that employers must be aware of.
Effective September 1, 2025, House Bill 46 (HB 46) increased the privacy rights of medical marijuana patients, made it easier to expand dispensaries, increased allowable THC limits, expanded the number of medical conditions that qualify for THC use, the amount of supply that may be prescribed, and the permissible ways to administer the medical marijuana.
Under the updated law, a person’s status as a registered medical marijuana patient is confidential. It may be accessed only by the state health department, registered physicians, and licensed dispensing organizations. The law also expands access by allowing Texas to issue up to 15 licenses to dispensing organizations as well as allowing them to operate satellite locations for the storage of low-level THC, which is expected to significantly increase supply capacity across the state.
Increased THC Limits and Qualifying Conditions Will Impact More Employees
THC limits have been increased from 1 percent by weight to 10 milligrams per dose and 1 gram per package. Also, prescription limits are now a 90-day supply of THC based on the dosage prescribed to the patient with up to four refills of that 90-day supply. Additionally, the types of ailments eligible for treatment with medical marijuana have expanded to include: (1) chronic pain; (2) traumatic brain injury (TBI); (3) Crohn’s disease or other inflammatory bowel disease; and (4) a terminal illness or a condition for which a patient is receiving hospice or palliative care. A physician may also submit to the Department of State Health Services a request that the department report to the legislature that low-THC marijuana may be beneficial to treat a specific medical condition not already listed in the Act. So additional approved uses may be on the horizon.
How Expanded Medical Marijuana Use Could Affect the Workplace
The effect these changes to medical marijuana laws will have on Texas employers will be significant. An increase in the number of employees eligible for medical marijuana will increase the number of employees using medical marijuana. This raises issues in the areas of drug testing policies, accommodation of disabilities and employee discipline.
Can Employers Still Enforce Drug-Free Workplace Policies?
The new laws do not change the right to a drug-free workplace or the fact marijuana is still prohibited under federal law (although the current administration has been discussing changing that). Likewise, Texas Labor Code Section 21.120 states that an employer does not commit an unlawful employment practice by adopting a policy prohibiting employment for those using or possessing Schedule I and II controlled substances, other than use or possession under the supervision of a licensed healthcare professional or otherwise authorized under federal or state law.
Navigating the Legal Gray Area: Disability Accommodations and Employee Rights
Logic would dictate that requests for accommodation by employees to Texas employers will increase and that arguments will be formed that the new medical marijuana laws make medical marijuana fall under an exception to 21.120.
What Texas Employers Should Do Now
A prudent Texas Employer will navigate the expanded medical marijuana law cautiously. The Rogge Dunn Group has vast experience advising employers on evolving workplace laws, with multiple attorneys Board Certified in Employment Law by the Texas Board of Legal Specialization.
- Review and update your drug-testing policy
- Train HR teams on how to handle accommodation requests
- Evaluate risks for wrongful termination claims
- Stay updated on federal vs. state marijuana laws
- Consult with legal counsel on policy wording
If you have questions about how these changes may impact your drug testing policies, accommodation obligations, or employee discipline procedures, we encourage you to reach out to the Rogge Dunn Group to discuss your current workplace policies and how we can support your compliance efforts.