The new drug laws in Texas, passed in the 2023 and 2025 legislative sessions, do four main things: they let prosecutors charge fentanyl dealers with murder when a user dies, create a separate penalty group (1-B) with steeper sentences for fentanyl and its analogs, tighten the rules around hemp-derived products like Delta-8 THC, and expand naloxone access while requiring standardized reporting of overdoses and fentanyl deaths. A May 2026 Texas Supreme Court ruling further unsettled the status of Delta-8 products sold in retail stores.
Fentanyl Delivery That Causes Death Is Now Murder
House Bill 6 added a fourth way to commit murder under Texas Penal Code Section 19.02. If a person knowingly manufactures or delivers a Penalty Group 1-B substance and someone later dies after injecting, inhaling, swallowing, or otherwise introducing it into their body, that is murder.1State of Texas. Texas Penal Code Section 19.02 – Murder The charge applies even when the fentanyl was mixed with another drug or cut with adulterants, and prosecutors do not have to prove the defendant intended anyone to die.
Murder is a first-degree felony. The punishment range is 5 to 99 years in prison or life, plus a possible fine of up to $10,000.2State of Texas. Texas Penal Code Section 12.32 – First Degree Felony Punishment A statutory defense protects pharmacists and medical professionals whose manufacturing or delivery was authorized under the Texas Controlled Substances Act or other state or federal law.1State of Texas. Texas Penal Code Section 19.02 – Murder
Lesser Charges When the Mental State Is Lower
HB 6 also created two standalone offenses for conduct that falls short of “knowingly.” Reckless manufacture or delivery of a Penalty Group 1-B substance that causes a death is a second-degree felony, carrying 2 to 20 years. If the conduct was criminally negligent, the offense drops to a state jail felony, punishable by 180 days to two years in a state jail facility.3Texas Legislature Online. 88th Legislature HB 6 – Bill Analysis
Penalty Group 1-B: A Separate Track for Fentanyl
The 88th Legislature pulled fentanyl and its analogs out of Penalty Group 1 and put them in a new Penalty Group 1-B under Section 481.1022 of the Health and Safety Code. The point of a separate group is to let lawmakers raise penalties on synthetic opioids without touching the sentencing structure for cocaine, heroin, or methamphetamine. The substances now in 1-B include fentanyl, carfentanil, sufentanil, alfentanil, and roughly a dozen other fentanyl analogs.3Texas Legislature Online. 88th Legislature HB 6 – Bill Analysis
Possession Penalties by Weight
Possession penalties are calculated by aggregate weight, including any adulterants or dilutants mixed with the drug. That matters because a counterfeit pill containing a trace of fentanyl pressed into filler counts at its full weight. The tiers under Section 481.1151 of the Health and Safety Code are:
- Less than 1 gram: state jail felony (180 days to 2 years)
- 1 gram to less than 4 grams: third-degree felony (2 to 10 years)
- 4 grams to less than 200 grams: second-degree felony (2 to 20 years)
- 200 grams to less than 400 grams: first-degree felony (5 to 99 years or life)
- 400 grams or more: enhanced first-degree felony, mandatory minimum of 10 years, maximum of 99 years or life, fine up to $100,000
4State of Texas. Texas Health and Safety Code Chapter 481 – Section 481.1151 At every weight, possession penalties for 1-B match those for Penalty Group 1 substances. The real difference shows up on the delivery side.
Delivery and Manufacturing Penalties
Selling, manufacturing, or possessing fentanyl with intent to deliver carries much steeper penalties than simple possession at the same weight. Under Section 481.1122 of the Health and Safety Code:
- Less than 1 gram: state jail felony (180 days to 2 years)
- 1 gram to less than 4 grams: second-degree felony (2 to 20 years)
- 4 grams to less than 200 grams: first-degree felony (5 to 99 years or life)
- 200 grams to less than 400 grams: enhanced first-degree felony, 10-year minimum, up to 99 years or life, fine up to $100,000
- 400 grams or more: enhanced first-degree felony, 15-year minimum, up to 99 years or life, fine up to $250,000
5State of Texas. Texas Health and Safety Code Chapter 481 – Section 481.1122 Delivery of just 1 to 4 grams is already a second-degree felony, while possessing the same amount is a third-degree felony. At the top tier, the delivery minimum is 15 years and the maximum fine is $250,000. If someone dies from the substance delivered, the murder and lower death-result charges stack on top of these penalties.
Hemp and Delta-8 THC: What Changed
Hemp has been legal in Texas since the 2019 Hemp Farming Act (HB 1325), which removed hemp from the state controlled substances list as long as the Delta-9 THC concentration stays at or below 0.3% on a dry weight basis.6Texas Legislature Online. 86th Legislature HB 1325 – Hemp Farming Act Chapter 443 of the Health and Safety Code governs consumable hemp products, requires manufacturer registration, and requires certificates of analysis from independent labs.7Texas State Law Library. Consumable Hemp Products – Cannabis and the Law Anything over the 0.3% threshold is treated as marijuana and carries full controlled-substance penalties.
Delta-8 THC products have been the main point of friction. The Texas Department of State Health Services tried to classify Delta-8 as a Schedule I controlled substance. Hemp industry companies sued, a trial court issued an injunction blocking that classification, and the Austin Court of Appeals upheld the injunction. On May 1, 2026, the Texas Supreme Court reversed, finding that the trial court’s order could not stand.8Texas Judicial Branch. Supreme Court of Texas Opinion Products openly sold under the previous injunction may now face new restrictions or enforcement.
Separately, the 89th Legislature passed Senate Bill 3 in 2025, which addresses the regulation of hemp-derived products including consumable hemp products and cannabinoids. If you sell or manufacture Delta-8 or other hemp-derived THC products in Texas, talk to a lawyer familiar with the current regulatory status before continuing to sell. The ground is actively shifting.
Naloxone Access and the Good Samaritan Gap
Naloxone, the opioid overdose reversal drug sold as NARCAN nasal spray, is available in Texas without an individual prescription. Under Chapter 483 of the Health and Safety Code, a prescriber can issue a standing order that lets pharmacies, organizations, and individuals distribute naloxone to anyone at risk of an opioid overdose, or to family, friends, and others in a position to help.9Texas Attorney General. Attorney General Opinion KP-0168 Senate Bill 629, from the 89th Legislature, made naloxone available in public schools.
If you administer naloxone in good faith and with reasonable care to someone you believe is overdosing, Texas law shields you from criminal prosecution, professional licensing sanctions, and civil liability. The protection applies even if, after assessing the situation, you decide not to administer it.9Texas Attorney General. Attorney General Opinion KP-0168
One important gap: Texas does not have a comprehensive Good Samaritan immunity statute that protects people who call 911 during a drug overdose from being prosecuted for drug possession themselves. If you witness an overdose and call for help, you could still face charges for any controlled substances found on you or at the scene. Know this before you decide what to do, and know that calling is still the only chance of saving the person.
Mandatory Overdose Reporting
Senate Bill 1319, from the 88th session, created a mandatory reporting system for suspected drug overdoses. EMS personnel responding to an overdose in a participating jurisdiction must report the incident as soon as possible to the local health authority or law enforcement agency that has signed a participation agreement for overdose mapping.10Texas Legislature Online. 88th Legislature SB 1319 – Enrolled The requirement applies only in jurisdictions that have opted into the program under Section 370.007 of the Local Government Code; areas without a participation agreement have no mandatory reporting obligation.
Reports feed into the Overdose Detection Mapping Application Program (ODMAP), a web-based tool that tracks suspected overdose spikes in near-real time, logging date, time, location, whether the incident was fatal, and whether naloxone was administered. Agencies can set automated alerts when reports in a county cross a threshold.11ODMAP. Overdose Detection Mapping Application Program
“Fentanyl Poisoning” on Death Certificates
HB 6 and SB 645 amended Section 193.005 of the Health and Safety Code to require specific language on death certificates in fentanyl cases. When a toxicology exam reveals a lethal concentration of a Penalty Group 1-B substance and an autopsy confirms findings consistent with an opioid overdose, the medical certification must include the term “Fentanyl Poisoning.”12Texas Legislature Online. 88th Legislature HB 6 – Enrolled The standardized phrasing replaces the varied terminology medical examiners had used before, which makes state-level tracking of fentanyl deaths more accurate.