House Bill No. 42 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's concentration complies with existing regulations and was purchased from a retailer believed to be authorized to sell such products.

The bill specifies that the changes 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 charged prior to the enactment of this bill are subject to the legal standards in place at that time.

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