Texas House Bill HB839

Texas 2009 - 81st Regular

Caption

Relating to the sale or delivery of salvia divinorum to a child; providing a penalty.

Note

The bill will come into effect on September 1, 2009, marking a legislative step towards addressing substance misuse among youths. Observers may watch for how this law is enforced and whether it leads to significant changes in the availability of salvia divinorum.

Impact

By creating a legal framework that prohibits the sale or delivery of salvia divinorum to minors, the bill aims to enhance protections for children in Texas. The specified penalty for such an offense is classified as a Class C misdemeanor, which could serve as a deterrent against retail establishments or individuals selling this substance illicitly. This change is expected to align state law with broader public health initiatives aimed at reducing access to potentially dangerous substances by minors.

Summary

House Bill 839 proposes to amend the Texas Penal Code by establishing prohibitions against the sale or delivery of salvia divinorum to individuals under 18 years of age. This legislation seeks to address concerns related to the safety and well-being of minors in the state, particularly relating to substances that may be harmful if consumed at a young age. Salvia divinorum is a psychoactive plant that has garnered significant attention due to its effects and the potential for misuse among younger populations.

Contention

The implementation of HB 839 may lead to debates regarding individual rights versus public safety concerns. While the bill is designed to protect children, there may be discussions around the implications for responsible adults who wish to use salvia divinorum legally. Critics of similar legislation often argue that such laws can lead to unintended consequences, such as pushing the sales of these substances further underground, making them less regulated and potentially more hazardous to minors.