Texas Senate Bill SB2028

Texas 2025 - 89th Regular

• Filed: 3/7/25

Caption

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

Impact

The bill would have significant implications for Texas's drug laws, particularly by codifying a framework that allows for deferred disposition of cases involving minor possession charges. This approach aims to reduce the number of individuals who face criminal prosecution for low-level violations associated with marihuana possession. Additionally, the legislation introduces a fee structure for expungement requests, targeting individuals whose offenses are dismissed or result in acquittal. By instituting these measures, SB2028 seeks to alleviate the strain on the criminal justice system and promote a more rehabilitative approach to drug offenses.

Summary

Senate Bill 2028 focuses on the criminal and licensing consequences associated with the possession of marihuana, various tetrahydrocannabinols, synthetic cannabinoids, and drug paraphernalia. This bill proposes to amend existing laws in relation to how law enforcement processes offenses connected to these substances, indicating a shift towards less punitive measures for certain levels of possession. Notably, peace officers, when charging individuals with specific offenses under Sections 481.1161, 481.121, and 481.125 of the Health and Safety Code, are mandated to issue citations instead of executing arrests for certain amounts of marihuana, particularly when the quantity is minimal.

Contention

There are potential points of contention surrounding SB2028, particularly regarding public safety and the broader implications of drug legalization. Critics may argue that the relaxed consequences for possession could lead to an increase in drug use and associated issues in communities. Supporters, however, argue that the current punitive measures disproportionately affect low-income individuals and people of color, highlighting the need for reform. The debate centers around balancing public safety concerns against the benefits of pursuing a more liberalized stance on marihuana possession and use.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: 103
  • Section: 115
  • Section: 116
  • Section: 117
  • Section: 118
  • Section: 119
  • Section: 121
  • Section: 122
  • Section: 124
  • Section: 125
  • Section: 134

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 371

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 0728

Code Of Criminal Procedure

• Chapter 45. Justice And Municipal Courts
  • Section: New Section