Tex.
Health & Safety Code Section 481.1131
Cause of Action for Sale or Provision of Synthetic Cannabinoid
(a)
In this section, “synthetic cannabinoid” means a substance included in Penalty Group 2-A under Section 481.1031.(b)
This section does not affect the right of a person to bring a common law cause of action against an individual whose consumption or ingestion of a synthetic cannabinoid resulted in causing the person bringing the suit to suffer personal injury or property damage.(c)
Providing, selling, or serving a synthetic cannabinoid may be made the basis of a statutory cause of action under this section on proof that the intoxication of the recipient of the synthetic cannabinoid was a proximate cause of the damages suffered.(d)
The liability provided under this section for the actions of a retail establishment’s employees, customers, members, or guests who are or become intoxicated by the consumption or ingestion of a synthetic cannabinoid is in lieu of common law or other statutory law warranties and duties of retail establishments.(e)
This chapter does not impose obligations on a retail establishment other than those expressly stated in this section.(b)
An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.(c)
An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.(d)
An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.(e)
An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.(b)
An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.(c)
An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.(d)
An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.(e)
An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.(f)
An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.(g)
It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(h)
The defense to prosecution provided by Subsection (g) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(i)
The defense to prosecution provided by Subsection (g) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (g) is not available.(b)
An offense under this section is:(1)
a state jail felony if the number of abuse units of the controlled substance is fewer than 20;(2)
a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;(3)
a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;(4)
a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and(5)
a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.(c)
It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(d)
The defense to prosecution provided by Subsection (c) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(e)
The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.(b)
An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.(c)
An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.(d)
An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.(e)
An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.(f)
It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(g)
The defense to prosecution provided by Subsection (f) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.1161(c), 481.117(f), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(h)
The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.(b)
An offense under this section is:(1)
a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less;(2)
a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces;(3)
a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces;(4)
a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 pounds;(5)
a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds; and(6)
a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds.(c)
It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(d)
The defense to prosecution provided by Subsection (c) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.117(f), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(e)
The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.(b)
An offense under Subsection (a) is a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.(c)
An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.(d)
An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.(e)
An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.(f)
It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(g)
The defense to prosecution provided by Subsection (f) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(h)
The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.(b)
An offense under Subsection (a) is a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.(c)
An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.(d)
An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.(e)
An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.(f)
It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:(1)
was the first person to request emergency medical assistance in response to the possible overdose of another person and:(A)
made the request for medical assistance during an ongoing medical emergency;(B)
remained on the scene until the medical assistance arrived; and(C)
cooperated with medical assistance and law enforcement personnel; or(2)
was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.(g)
The defense to prosecution provided by Subsection (f) is not available if:(1)
at the time the request for emergency medical assistance was made:(A)
a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or(B)
the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or 481.121 (Offense: Possession of Marihuana)(b)(1) or (2), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);(2)
the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);(3)
the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.121 (Offense: Possession of Marihuana)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or(4)
at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.(h)
The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.
Source:
Section 481.1131 — Cause of Action for Sale or Provision of Synthetic Cannabinoid, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.1131 (accessed Apr. 20, 2024).
