Bill > HB1790

This bill modifies several sections of the Texas Health and Safety Code related to criminal penalties and defenses for drug possession and paraphernalia offenses. The primary changes remove certain limitations on legal defenses for individuals who request emergency medical assistance during a potential drug overdose. Specifically, the bill eliminates previous restrictions that would have prevented someone from using a medical assistance defense if they: had prior drug convictions, had previously used this defense successfully, or had requested medical assistance for an overdose within the past 18 months. The bill also changes the marijuana possession law by creating a new threshold of one ounce, adjusting misdemeanor and felony classifications for different quantities of marijuana. Additionally, the bill removes language related to possession of drug paraphernalia, effectively narrowing the scope of prosecutable offenses in this category. The changes are intended to provide more flexibility in prosecution and potentially encourage people to seek medical help during overdose situations without fear of automatic legal consequences. These modifications will apply to offenses committed on or after September 1, 2025, with some specific provisions for existing convictions.

Health and Social Services

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