| |
| |
|
|
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, 2021. |