Texas House Bill HB82

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to the penalties for possession of one ounce or less of marihuana and eligibility for placement on community supervision or on deferred adjudication community supervision for that offense.

Impact

The bill is anticipated to impact state laws significantly by reforming the legal framework surrounding marihuana possession. Specifically, individuals previously convicted of marihuana-related offenses may now face different eligibility criteria for community supervision. This alteration could lead to a decrease in incarceration rates for low-level offenses, addressing concerns of overpopulation in jails and providing an opportunity for rehabilitation. These changes underline a shift toward a more rehabilitative approach rather than a purely punitive one.

Summary

House Bill 82 aims to revise the penalties associated with the possession of marihuana, specifically focusing on quantities of one ounce or less. The bill proposes to classify possession of this amount as a Class C misdemeanor, enhancing opportunities for defendants who meet certain criteria regarding previous convictions. Moreover, it seeks to amend the application conditions for community supervision, indicating that those with multiple prior offenses may have increased penalties owing to their criminal history related to marihuana possession.

Contention

While the bill has drawn support for addressing minor possession as a civil rather than a criminal offense, it faces contention regarding the potential implications for community supervision and public safety. Critics voice concerns that the bill may inadvertently lead to increased marihuana use among minors or within local communities due to perceived leniency. Additionally, there are discussions about balancing the need for reform with the necessity for maintaining strict consequences for habitual offenders.