Bill Text: TX HB382 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 382

Introduced

Bill Title: Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-28 - Left pending in committee [HB382 Detail]

Download: Texas-2023-HB382-Introduced.html

	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.