The bill, H.B. No. 3203, amends the definition of "drug paraphernalia" in the Health and Safety Code by removing references to "testing" and "analyzing" controlled substances. Specifically, the language that previously included "testing, analyzing" in the context of drug paraphernalia has been deleted, which alters the scope of what constitutes drug paraphernalia. The bill also introduces new definitions and clarifications regarding various items associated with the use of controlled substances, such as dilutants, blenders, and containers, while maintaining a comprehensive list of items that fall under the definition of drug paraphernalia.
Additionally, the bill modifies the offenses related to the use and possession of drug paraphernalia by removing the terms "test" and "analyze" from the descriptions of prohibited activities. This change means that individuals can no longer be charged for using or possessing paraphernalia specifically for testing or analyzing controlled substances. The bill is set to take effect on September 1, 2025, and it stipulates that any offenses committed before this date will be governed by the previous law.
Statutes affected: Introduced: Health and Safety Code 481.002, Health and Safety Code 481.125 (Health and Safety Code 481)