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. Under this amendment, a person would not be committing an offense if they possess a product labeled as a consumable hemp product authorized by 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 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 enactment of this bill will not be affected by the new legal defense.

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