SB1936

Regular Session

Relating to the definition of an abuse unit for certain controlled substances under the Texas Controlled Substances Act.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety (Forensic Laboratories) • Local Law Enforcement Agencies • State District Courts

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Strict cut-over based on offense date).
Agency Rulemaking: No formal rulemaking is mandated, but the Texas Department of Public Safety (DPS) Forensic Laboratories will likely issue internal guidance memos regarding the specific weighing protocols (e.g., dry weight vs. wet weight) prior to the effective date.

Immediate Action Plan

1. Update Lab SOPs: Immediately revise Standard Operating Procedures to require weight measurement for all Penalty Group 1-A substances on unmarked paper for offenses committed on or after 09/01/2025.
2. Calibrate Equipment: Verify that all laboratory balances meet the necessary precision standards for the new 10mg metric.
3. Audit Case Management Software: Ensure legal practice management systems flag the "Date of Offense" to automatically suggest the correct statutory standard for discovery review.
4. Issue Technical Memos: Forensic Directors must issue a directive to staff clarifying the cut-over date to prevent the misapplication of the new standard to older, grandfathered cases.

Operational Changes Required

Contracts

Law Enforcement MSAs: Review Master Service Agreements with police departments or District Attorney offices. If the "Scope of Services" explicitly defines testing methodologies based on the pre-2025 area-measurement statute, execute an amendment referencing the new weight-based standard in Health and Safety Code Section 481.002(50).

Hiring/Training

Forensic Technicians: Staff must be trained on the new calculation logic: divide total paper weight (in mg) by 10 and round down to the nearest whole number.
Legal Counsel: Defense attorneys and intake staff must be trained to identify the "Date of Offense" immediately. This creates a dual-track system: offenses prior to 09/01/2025 use area measurement; offenses on/after 09/01/2025 use weight measurement.

Reporting & Record-Keeping

Lab Reports: Analysis reports for unmarked paper carriers must now explicitly document the net weight of the paper in milligrams rather than physical dimensions.
Evidence Logs: Intake descriptions for chain-of-custody documents should reflect weight to align with prosecutorial requirements.

Fees & Costs

Equipment Calibration: Laboratories must ensure analytical balances are calibrated to accurately report in 10-milligram increments.
No New State Fees: The bill imposes no new licensing fees or taxes.

Strategic Ambiguities & Considerations

Moisture Content: The statute defines the unit as "10 milligrams of paper" but does not specify "dry weight." Paper weight fluctuates significantly with humidity and liquid absorption. Defense counsel should anticipate litigation regarding evidence storage conditions, as moisture absorption could artificially inflate the abuse unit count and subsequent penalties.
"Marked" vs. "Unmarked": The weight standard *only* applies if the paper is "not marked or perforated." The statute does not define what constitutes a "mark." Subjective interpretations of faint markings could lead to disputes over whether to apply the visual unit count or the weight count.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsAlcoholism & Drug Abuse Crimes Crimes--drugs

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1936
89R13941 RDR-F	By: Hinojosa, Juan "Chuy"
	Criminal Justice
	4/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, the Texas Health and Safety Code, Section 481.002, defines an "abuse unit" for Penalty Group 1-A substances, such as LSD, based on how the substance is applied to the carrier medium, typically blotter paper. If the paper is perforated or marked, each individual square is considered one abuse unit. However, if the paper is not perforated or marked, the law defines an abuse unit as each quarter-inch square section of paper, requiring labs to manually measure and count the dimensions of the sheet.

This approach introduces inconsistency in lab analysis and can complicate prosecution, as officers and forensic experts must estimate dosage units based on the physical size of unmarked paper.

S.B. 1936 addresses these issues by amending Section 481.002 to redefine an "abuse unit" using a weight-based standard, bringing greater scientific precision to the definition.

As proposed, S.B. 1936 amends current law relating to the definition of an abuse unit for certain controlled substances under the Texas Controlled Substances Act.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.002(50), Health and Safety Code, to redefine "abuse unit."

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Juan HinojosaDemocrat · Primary Author

House Sponsor

Rep. AJ LouderbackRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1936

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the definition of an abuse unit for certain controlled
	substances under the Texas Controlled Substances Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 481.002(50), Health and Safety Code, is
	amended to read as follows:
	(50) "Abuse unit" means:
	(A) except as provided by Paragraph (B):
	(i) a single unit on or in any adulterant,
	dilutant, or similar carrier medium, including marked or perforated
	blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
	other medium that contains any amount of a controlled substance
	listed in Penalty Group 1-A, if the unit is commonly used in abuse
	of that substance; or
	(ii) each 10 milligrams [~~quarter-inch~~
	~~square section~~] of paper, calculated by rounding the weight down to
	the nearest whole number, if the adulterant, dilutant, or carrier
	medium is paper not marked or perforated into individual abuse
	units; or
	(B) if the controlled substance is in liquid or
	solid form, 40 micrograms of the controlled substance including any
	adulterant or dilutant.
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1936 by Hinojosa, Juan "Chuy" (Relating to the definition of an abuse unit for certain controlled substances under the Texas Controlled Substances Act.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would redefine an abuse unit for certain controlled substances in a paper form to be 10 milligrams of paper calculated by rounding the weight down to the nearest whole number, instead of being defined by area of paper, provided that the paper is not marked or perforated into individual abuse units.

While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, AMr, QH

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Frequently Asked Questions

Common questions about SB1936

What does Texas SB1936 do?

SB1936 mandates a statutory shift from spatial measurement (quarter-inch square) to weight-based measurement (10 milligrams) for calculating "abuse units" of Penalty Group 1-A controlled substances (specifically LSD) on unmarked paper. This change strictly affects private forensic laboratories, government evidence contractors, and criminal defense firms, requiring immediate updates to evidence analysis protocols and case intake logic. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Strict cut-over based on offense date).

Who authored SB1936?

SB1936 was authored by Texas Senator Juan Hinojosa during the Regular Session.

When was SB1936 signed into law?

SB1936 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1936?

SB1936 is enforced by Texas Department of Public Safety (Forensic Laboratories), Local Law Enforcement Agencies and State District Courts.

How urgent is compliance with SB1936?

The compliance urgency for SB1936 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1936?

The cost impact of SB1936 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1936 address?

SB1936 addresses topics including alcoholism & drug abuse, crimes and crimes--drugs.

Legislative data provided by LegiScanLast updated: November 25, 2025

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