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 that is 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 that the individual reasonably believed was authorized to sell such products.

The bill clarifies that this change in law will only apply to offenses committed on or after its effective date of September 1, 2025. Any offenses occurring before this date will be governed by the previous law, ensuring that individuals are not retroactively prosecuted under the new provisions. This legislative change aims to provide legal protection for consumers of hemp products while maintaining compliance with existing regulations.

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