TX HB1790

Decriminalizes possession of marijuana in amounts of one ounce or less by raising the threshold for criminal offense to quantities greater than one ounce

Repeals the criminal offense for possession of drug paraphernalia (Section 481.125(a)), while maintaining the offense for delivery of drug paraphernalia

Expands the "Good Samaritan" defense for drug possession offenses by removing several restrictions, including: prior drug convictions or deferred adjudication, previous successful use of the defense, and the 18-month waiting period between emergency medical assistance requests

Removes drug paraphernalia possession (Section 481.125(a)) from the list of offenses that disqualify someone from using the Good Samaritan defense when requesting emergency medical assistance for an overdose

Takes effect September 1, 2025, with the drug paraphernalia possession decriminalization applying retroactively to pending cases, though final convictions remain unaffected