H.B. No. 3122 introduces a new legal defense for individuals charged with the possession of certain consumable hemp products that may contain controlled substances or marihuana. The bill amends Section 481.111 of the Health and Safety Code by adding Subsection (c-1), which states that a person does not commit an offense if they possess a product labeled as a consumable hemp product authorized under state or federal law, even if it contains a controlled substance or marihuana, provided that the product was purchased from a retailer believed to be authorized to sell such products.

The bill specifies three conditions under which the defense applies: the product must be labeled as a consumable hemp product, it may contain controlled substances or marihuana only in concentrations permitted by existing law, and the purchaser must have a reasonable belief that the retailer was authorized to sell the product. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the previous law.

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