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Texas HB 1790 alters criminal penalties and defense rules for drug possession and paraphernalia

Original title: Relating to criminal penalties and defenses to prosecution for certain drug possession and drug paraphernalia offenses.

Last action · March 14, 2025: Referred to Public HealthSponsor: John Bucy

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Texas House Bill 1790 removes prior conviction restrictions and time limits on emergency medical assistance defenses for certain drug offenses, alters marihuana possession penalty thresholds, and repeals penalties specifically related to the possession of starting September 1, 2025.

Why it matters

The measure changes how individuals facing drug possession or paraphernalia charges can access legal defenses during medical emergencies and restructures the severity of criminal penalties based on the amount of marihuana possessed.

Background
  • Emergency medical assistance defenses in drug possession laws are commonly known as 'Good Samaritan' laws, designed to encourage individuals to seek medical help during drug overdoses without fear of immediate arrest for possession. context
  • Texas Health and Safety Code Chapter 481 governs controlled substances, detailing offenses, penalties, and specific legal defenses across multiple penalty groups. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals charged with drug possession

The bill removes prior conviction and time-restriction bars on accessing emergency medical assistance defenses during prosecution.

Directly affected

Individuals possessing drug paraphernalia

The bill repeals specific statutory provisions penalizing the possession of drug paraphernalia.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What changes regarding emergency medical assistance defenses?
The bill removes exclusions that previously denied the emergency medical assistance defense if an actor had prior convictions, had successfully used the defense previously, or had requested assistance within the preceding 18 months.
Does the bill affect drug paraphernalia laws?
Yes. The bill repeals provisions related specifically to the possession of under Section 481.125 and renames the section heading to focus solely on the delivery of drug paraphernalia.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

3 actions
  1. Mar 14, 2025HouseCommittee
    Referred to Public Health
  2. Mar 14, 2025HouseIntroduced
    Read first time
  3. Jan 8, 2025HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Removal of Emergency Medical Defense Restrictions

The bill systematically removes multiple statutory barriers—such as prior convictions, prior acquittals, and an 18-month limitation—that previously disqualified individuals from using emergency medical assistance as a defense against drug charges.

Connected Entities

Texas Department of Criminal Justice, John Bucy
OrganizationTexas Department of Criminal Justice“Specified for imprisonment terms under marihuana possession penalties”Map →
PersonJohn Bucy“Bill author / sponsor in the lower house”Map →

Sources

Open source document

capitol.texas.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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