SB1833

The prosecution must show at trial both a covered offense involving delivery and the defendant’s use of a social-media platform in furtherance of it. The law lists Health and Safety Code sections 481.112, 481.1121, 481.1123, 481.113, 481.114, 481.119, 481.120 and 481.122. These include the specified controlled-substance delivery provisions and marijuana delivery; the statute is not limited to fentanyl or delivery to children. Merely possessing a social-media account is not the stated trigger. Final law, section 1.

For offenses below first-degree felony level, punishment moves to the next higher offense category. For a first-degree felony, the act says that “the punishment … is increased by five years” and the maximum fine is doubled. The fine-doubling clause concerns that first-degree exception, not an additional blanket doubling for every offense. The actual punishment depends on the underlying charge and applicable sentencing law; SB1833 does not create one uniform sentence for all online drug activity. Final law; Final fiscal note’s description of the enhancement.

“Social media platform” uses the definition in Business & Commerce Code section 120.001: a public-facing website or app that permits accounts and communication primarily through user-posted information, comments, messages or images. The definition excludes internet-service providers, email, and certain primarily provider-selected content services whose interactive features are incidental. SB1833 incorporates that definition, not every rule elsewhere in Chapter 120; the separate 50-million-user applicability rule is not written into the incorporated definition. Final law; Law creating sections 120.001 and 120.002, section 2.

The marijuana exception was removed. Moody’s sole indexed floor amendment, adopted by the House May 14, would have excluded section 481.120 offenses involving no more than four ounces of marijuana from the enhancement. Conference removed that exception and restored the Senate text; the House adopted the report May 29 and the Senate May 30. The final law therefore has no special four-ounce exemption. Existing marijuana-delivery categories include misdemeanors as well as felonies, so this is not only a higher-quantity trafficking measure. Amendment disposition; Moody proposal; Conference report and text versions; Conference votes; Existing marijuana-delivery categories, section 15; Final law.

The introduced, Senate committee, Senate-passed, House committee and final operative texts otherwise match. The House floor proposal matters precisely because a committee-version comparison alone would miss it. The act applies only to offenses committed on or after September 1, 2025; any element occurring earlier keeps the offense under former law. Official versions; Final law, sections 2–3.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

The intended benefit is stronger deterrence and punishment for using social media to facilitate covered drug delivery. The direct burdens are higher possible punishment and greater financial exposure for affected defendants, plus possible additional demands on courts, supervision and prisons. The official materials do not establish how many offenses involve social media or demonstrate that the enhancement will reduce drug deaths or distribution. Final law; Final fiscal note.

The final fiscal note says state and local fiscal effects cannot be determined because data are lacking on how often the enhanced conduct occurs. It warns of possible increased correctional demands; this is not a zero-cost finding. The impact statements report fiscal-2024 totals for broader existing drug-offense categories, not the number of social-media cases the new law will affect. The statement posted under the enrolled heading is dated May 15 and describes the House-passed version with its then-proposed exception; the final May 27 conference fiscal note and enacted text control the final scope. No quantified total cost, savings period or appropriation is supplied by SB1833. Final conference fiscal note; Introduced-version impact statement; House-passed impact statement.