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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1936

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

SB1936: Government Affairs Overview

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.

Sen. Juan Hinojosa·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01

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SB1936
Low
Relating to the definition of an abuse unit for certain controlled substances under the Texas Controlled Substances Act.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local Law Enforcement AgenciesState District CourtsTexas Department of Public Safety
Primary Author: Sen. Juan Hinojosa
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 5, 2025
Passed Senate
Apr 16, 2025
Passed House
May 24, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsAlcoholism & Drug AbuseCrimesCrimes--drugs
03

Senate Authors

Sen. Juan HinojosaDemocrat · Primary Author

House Sponsor

Rep. AJ LouderbackRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1936

Q

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.

Q

Who authored SB1936?

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

Q

When was SB1936 signed into law?

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

Q

Which agencies enforce SB1936?

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

Q

How significant are the changes in SB1936?

The regulatory priority for SB1936 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does SB1936 address?

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

Q

What are the key dates for SB1936?

Key dates for SB1936: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1936?

SB1936 establishes the following penalties: criminal penalty of Calculation Metric Change for Possession or delivery of Penalty Group 1-A controlled substances (e.g., LSD) on unmarked/unperforated paper. The standard for determining an 'abuse unit' shifts from a physical area measurement (quarter-inch square) to a weight measurement (10 milligrams of paper).. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026