H.B. 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 the individual purchased it from a retailer they reasonably believed was authorized to sell such products.

The bill clarifies that the changes apply only to offenses committed on or after its effective date of September 1, 2025, meaning that any offenses occurring before this date will be governed by the previous law. This provision ensures that individuals charged with offenses prior to the enactment of this bill will not benefit from the new defense.

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