88R3391 CJD-D
By: Collier H.B. No. 382
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for the possession of certain
consumable hemp products containing a controlled substance or
marihuana.
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
marihuana if:
(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
Subchapter E, Chapter 443; and
(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
before that date.
SECTION 3. This Act takes effect September 1, 2023.