Tex. Health & Safety Code § 481.111 · Subchapter D. OFFENSES AND PENALTIES
EXEMPTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The provisions of this chapter relating to the possession and distribution of peyote do not apply to the use of peyote by a member of the Native American Church in bona fide religious ceremonies of the church or to a person who supplies the substance to the church. An exemption granted to a member of the Native American Church under this section does not apply to a member with less than 25 percent Indian blood.
(b) The provisions of this chapter relating to the possession of denatured sodium pentobarbital do not apply to possession by personnel of a humane society or an animal control agency for the purpose of destroying injured, sick, homeless, or unwanted animals if the humane society or animal control agency is registered with the Federal Drug Enforcement Administration. The provisions of this chapter relating to the distribution of denatured sodium pentobarbital do not apply to a person registered as required by Subchapter C, who is distributing the substance for that purpose to a humane society or an animal control agency registered with the Federal Drug Enforcement Administration.
(c) A person does not violate Section 481.113, 481.116, 481.1161, 481.121, or 481.125 if the person possesses or delivers tetrahydrocannabinols or their derivatives, or drug paraphernalia to be used to introduce tetrahydrocannabinols or their derivatives into the human body, for use in a federally approved therapeutic research program.
(d) The provisions of this chapter relating to the possession and distribution of anabolic steroids do not apply to the use of anabolic steroids that are administered to livestock or poultry.
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not apply to a person who engages in the acquisition, possession, production, cultivation, delivery, or disposal of a raw material used in or by-product created by the production or cultivation of low-THC cannabis if the person:
(1) for an offense involving possession only of marihuana or drug paraphernalia, is a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the patient's legal guardian, and the person possesses low-THC cannabis obtained under a valid prescription from a dispensing organization; or
(2) is a director, manager, or employee of a dispensing organization and the person, solely in performing the person's regular duties at the organization, acquires, possesses, produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the acquisition, possession, production, cultivation, delivery, or disposal of low-THC cannabis.
(f) For purposes of Subsection (e):
(1) "Dispensing organization" has the meaning assigned by Section 487.001.
(2) "Low-THC cannabis" has the meaning assigned by Section 169.001, Occupations Code.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(d), eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 3, eff. June 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.004, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- Text hash
- sha256 885d03015f0df0e657170ea1eb7bc3fc03009c6b09d0e736fa40c887adeef5f8
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Tex. Health & Safety Code § 481.113OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A.Printed as Section 481.113, 481.116, 481.1161, 481.121, or 481.125
- Tex. Health & Safety Code § 481.116OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2.Printed as Section 481.113, 481.116, 481.1161, 481.121, or 481.125
- Tex. Health & Safety Code § 481.1161OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A.Printed as Section 481.113, 481.116, 481.1161, 481.121, or 481.125
- Tex. Health & Safety Code § 481.120OFFENSE: DELIVERY OF MARIHUANA.Printed as Sections 481.120, 481.121, 481.122, and 481.125
- Tex. Health & Safety Code § 481.121OFFENSE: POSSESSION OF MARIHUANA.Printed as Section 481.113, 481.116, 481.1161, 481.121, or 481.125 | Sections 481.120, 481.121, 481.122, and 481.125
- Tex. Health & Safety Code § 481.122OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD.Printed as Sections 481.120, 481.121, 481.122, and 481.125
- Tex. Health & Safety Code § 481.125OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.Printed as Section 481.113, 481.116, 481.1161, 481.121, or 481.125 | Sections 481.120, 481.121, 481.122, and 481.125
- Tex. Health & Safety Code § 487.001DEFINITIONS.Printed as Section 487.001
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.