House Bill No. 3122 proposes an amendment to the Health and Safety Code, specifically adding a new subsection (c-1) to Section 481.111. This new provision establishes a defense against prosecution for individuals found in possession of certain consumable hemp products that may contain controlled substances or marihuana. The defense applies if the individual possesses a product that is labeled as a consumable hemp product authorized under state or federal law, contains a controlled substance or marihuana (excluding substances extracted from hemp within authorized concentrations), and was purchased from a retailer that the individual reasonably believed was authorized to sell such products.

The bill clarifies that the changes will only apply to offenses committed on or after the effective date of September 1, 2025, meaning that any offenses occurring prior to this date will be governed by the existing law. This ensures that individuals charged with offenses before the effective date will not be affected by the new legal provisions.

Statutes affected:
Introduced: Health and Safety Code 481.111 (Health and Safety Code 481)