Bought it from a hemp retailer in good faith? No possession offense.
The bill says a person does not commit a drug possession offense if they hold a product labeled as a legal consumable hemp product that actually contains a controlled substance or marihuana beyond the levels allowed for hemp. It protects consumers who bought that product from a retailer they reasonably believed was allowed to sell consumable hemp. Starting September 1, 2025, a shopper caught with a mislabeled or spiked hemp product would not face a possession charge under that subchapter if those conditions are met.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 382 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 382 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 20, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to a defense to prosecution for the possession of certain
consumable hemp products containing a controlled substance or
marihuana.
WHAT IT DOES
Bought it from a hemp retailer in good faith? No possession offense.
The bill says a person does not commit a drug possession offense if they hold a product labeled as a legal consumable hemp product that actually contains a controlled substance or marihuana beyond the levels allowed for hemp. It protects consumers who bought that product from a retailer they reasonably believed was allowed to sell consumable hemp. Starting September 1, 2025, a shopper caught with a mislabeled or spiked hemp product would not face a possession charge under that subchapter if those conditions are met.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Drugs
Criminal Procedure--General
HEMP
MARIHUANA
Text
The text as introduced · 260 words
89R7203 RDR-D
By: Collier
H.B. No. 3122
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for the possession of certain
consumable hemp products containing a controlled substance or
marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.111, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A person does not commit an offense under this
subchapter involving the possession of a controlled substance or
marihuana if:
(1) the person possesses a product that purports by
the product's label to contain a consumable hemp product that is
authorized under state or federal law;
(2) the product described by Subdivision (1) contains
a controlled substance or marihuana, other than the substances
extracted from hemp in the concentrations authorized under
Subchapter E, Chapter 443; and
(3) the person purchased the product described by
Subdivision (1) from a retailer the person reasonably believed was
authorized to sell a consumable hemp product.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.