HB 3122
AN ACT relating to a defense to prosecution for the possession of certain
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Provides a legal defense for individuals possessing hemp products that unexpectedly contain controlled substances, protecting consumers who purchase such products from retailers they reasonably believe are authorized to sell hemp items. Specifically, a person will not be prosecuted for possession of a controlled substance if the product's label claims to be a legal hemp product, they purchased it from what seemed to be a legitimate retailer, and the product contains substances outside authorized hemp concentrations. The law aims to shield consumers from unintentional possession of controlled substances when purchasing seemingly legal hemp products.
Subject Areas
Bill Text
relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.111, Health and Safety Code, is amended by adding Subsection (c-1) to read as follows: (c-1) A person does not commit an offense under this subchapter involving the possession of a controlled substance or (1) the person possesses a product that purports by the product's label to contain a consumable hemp product that is authorized under state or federal law; (2) the product described by Subdivision (1) contains a controlled substance or marihuana, other than the substances extracted from hemp in the concentrations authorized under (3) the person purchased the product described by Subdivision (1) from a retailer the person reasonably believed was authorized to sell a consumable hemp product. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to a defense to prosecution for the possession of certain
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