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79S10380 PEP-F

By:  Pena                                                         H.B. No. 74 



A BILL TO BE ENTITLED

AN ACT

relating to an offense of selling or offering to sell a marihuana 
flavored confectionery.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 48, Penal Code, is amended by adding 
Section 48.03 to read as follows:
	Sec. 48.03.  PROHIBITIONS RELATING TO CERTAIN 
CONFECTIONERIES.  (a)  In this section, "marihuana" means the plant 
Cannabis sativa L., whether growing or not, the seeds of that plant, 
and every compound, manufacture, salt, derivative, mixture, or 
preparation of that plant or its seeds.
	(b)  A person commits an offense if the person sells or 
offers to sell candy or another confectionery that the person knows 
is designed and manufactured to contain the actual or simulated 
flavor of marihuana.
	(c)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.