Monitoring the Session

HB 3122

bill shielding buyers of mislabeled hemp products

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Nicole CollierDHouse 95

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.

Caption from analyzed text · version I.

Summary

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.

Receipt

The receipt

89R-HB3122 · 2025-02-20

SOLD BY

ITEM

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.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Criminal Jurisprudence
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Aug 5, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$12,500.00

Texas Trial Lawyers Association PAC

$12,500.00

Cash
$12,500.00
Paid by others
$0.00
Total
$12,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 16, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101010492, 101057411.

Texas Sands PAC$12,000.00

Texas Sands PAC

$12,000.00

Cash
$12,000.00
Paid by others
$0.00
Total
$12,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Aug 5, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101057411.

Texas Medical Association Political Action Committee$11,000.00

Texas Medical Association Political Action Committee

$11,000.00

Cash
$11,000.00
Paid by others
$0.00
Total
$11,000.00

Also funds 118 other sitting lawmakers.

Derived recipient stock · Aug 12, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 16, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101010492.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$12,500.00

Cash
$12,500.00
Paid by others
$0.00
Total
$12,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 16, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101010492, 101057411.

×

Texas Sands PAC

$12,000.00

Cash
$12,000.00
Paid by others
$0.00
Total
$12,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Aug 5, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101057411.

×

Texas Medical Association Political Action Committee

$11,000.00

Cash
$11,000.00
Paid by others
$0.00
Total
$11,000.00

Also funds 118 other sitting lawmakers.

Derived recipient stock · Aug 12, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 16, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100970374, 101010492.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 382

by Rep. Collier, same lead author · Died in committee · same text

Introduced text

Last action, Mar 28, 2023: Left pending in committee

Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.

Caption, 88R bill history

Sources

Texas House · Filed Feb 20, 2025

03/20/2025 H Referred to Criminal Jurisprudence: Mar 20 2025 11:50AM

Texas Legislature Online · Introduced

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.