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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for the possession of certain |
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consumable hemp products containing a controlled substance or |
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marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.111, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A person does not commit an offense under this |
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subchapter involving the possession of a controlled substance or |
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marihuana if: |
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(1) the person possesses a product that purports by |
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the product's label to contain a consumable hemp product that is |
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authorized under state or federal law; |
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(2) the product described by Subdivision (1) contains |
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a controlled substance or marihuana, other than the substances |
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extracted from hemp in the concentrations authorized under |
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Subchapter E, Chapter 443; and |
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(3) the person purchased the product described by |
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Subdivision (1) from a retailer the person reasonably believed was |
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authorized to sell a consumable hemp product. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |