Texas House Bill HB551

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of and criminal penalties for the possession of marihuana concentrate; creating criminal offenses.

Impact

If enacted, HB551 will notably change the landscape of drug offenses pertaining to marihuana in Texas. It introduces strict penalties for the possession of even minimal amounts of marihuana concentrate, which may impact various groups, including medical marijuana patients who might unintentionally exceed the allowed limits. The bill seeks to reduce marihuana-related offenses, but concerns have been raised regarding the potential for disproportionate legal consequences, especially among younger individuals or those unaware of the legal thresholds for possession. Moreover, it may also disproportionately affect communities already facing challenges with drug enforcement.

Summary

House Bill 551 seeks to amend the Texas Controlled Substances Act with respect to the possession and distribution of marihuana concentrate. The bill defines 'marihuana concentrate' as the resin extracted from Cannabis sativa L., and outlines specific penalties associated with its possession and manufacture. A significant aspect of the bill is its classification of offenses based on the amount of marihuana concentrate in possession, establishing a range from Class B misdemeanors to felonies of the first degree, carrying substantial fines and prison sentences for offenders. The penalties are tiered based on the weight of the concentrate, with more severe consequences for larger amounts.

Contention

Opposition to HB551 stems from concerns regarding the potential criminalization of users, especially in light of varying public attitudes toward marihuana and its use. Critics argue that the bill does not take into account the changing perceptions of marihuana in society, particularly as some states have moved towards legalization and decriminalization. There are fears that strict penalties for marihuana concentrate might perpetuate a cycle of incarceration, particularly for non-violent offenders. Additionally, the implications for educational institutions are significant, given the bill includes provisions that could lead to school disciplinary actions based on marihuana offenses occurring near school property.