| 1 | 1 | | 88R3391 CJD-D |
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| 2 | 2 | | By: Collier H.B. No. 382 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a defense to prosecution for the possession of certain |
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| 8 | 8 | | consumable hemp products containing a controlled substance or |
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| 9 | 9 | | marihuana. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 481.111, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Subsection (c-1) to read as follows: |
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| 13 | 13 | | (c-1) A person does not commit an offense under this |
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| 14 | 14 | | subchapter involving the possession of a controlled substance or |
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| 15 | 15 | | marihuana if: |
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| 16 | 16 | | (1) the person possesses a product that purports by |
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| 17 | 17 | | the product's label to contain a consumable hemp product that is |
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| 18 | 18 | | authorized under state or federal law; |
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| 19 | 19 | | (2) the product described by Subdivision (1) contains |
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| 20 | 20 | | a controlled substance or marihuana, other than the substances |
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| 21 | 21 | | extracted from hemp in the concentrations authorized under |
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| 22 | 22 | | Subchapter E, Chapter 443; and |
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| 23 | 23 | | (3) the person purchased the product described by |
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| 24 | 24 | | Subdivision (1) from a retailer the person reasonably believed was |
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| 25 | 25 | | authorized to sell a consumable hemp product. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense occurred |
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| 33 | 33 | | before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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