Texas 2019 - 86th Regular

Texas Senate Bill SB156

Caption

Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

Impact

The implications of SB156 are noteworthy as it seeks to decriminalize minor marihuana offenses, heralding a shift in state legislative attitudes towards drug use. This bill could significantly alter the way low-level drug offenses are handled in Texas, impacting not only the legal status of marihuana possession but also the broader societal perceptions surrounding drug use. Law enforcement officers will now focus more on issuing citations rather than making arrests for small amounts of marihuana, which may help reduce the strain on the judicial system and alleviate some of the racial and socioeconomic disparities that often accompany drug arrests.

Summary

Senate Bill 156 (SB156) aims to reform the legal consequences for possession of small amounts of marihuana in Texas. The bill amends existing laws to reduce criminal penalties associated with marihuana possession, allowing individuals who possess one ounce or less of marihuana to be liable for a civil penalty not exceeding $250 instead of facing criminal charges. This civil penalty would not constitute a criminal conviction, thereby removing some of the long-term ramifications associated with criminal offenses, such as incarceration or a criminal record. Additionally, the bill introduces a classification for continued violations of this civil provision, marking subsequent possession as a Class C misdemeanor after three civil penalties have been assessed.

Contention

Despite its potential benefits, SB156 may stir debate among policymakers and the public. Some legislative members may argue that reducing penalties for marihuana possession could lead to increased drug use among youths and create a public health issue. Moreover, opponents might raise concerns about how the civil penalties will be enforced, especially regarding the privacy of individuals cited under this statute and the potential for a shift in law enforcement tactics regarding drug paraphernalia. The confidentiality stipulations included in the bill aim to address privacy concerns by ensuring that the identities of individuals subject to civil penalties are protected.

Notable_points

The bill reflects a broader trend in Texas and across the United States toward more lenient drug policies, paving the way for conversations about legalizing marihuana for recreational or medicinal use. Proponents of the bill view it as a necessary step towards criminal justice reform, while opponents might argue for the need to maintain stricter regulations to deter drug abuse. As public opinion continues to evolve, SB156 could serve as a pivotal moment in Texas legislative history.

Companion Bills

TX HB63

Same As Relating to the criminal and licensing consequences of certain marihuana possession and drug paraphernalia possession offenses; imposing a fee.

Previously Filed As

TX SB208

Relating to the criminal penalties for delivery and possession of marihuana and citations given for those offenses.

TX HB388

Relating to the criminal penalty for the possession of a small amount of marihuana.

TX HB2446

Relating to the criminal penalties for possession of marihuana.

TX HB218

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.

TX SB967

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.

TX HB2601

Relating to the criminal penalties for possession of marihuana.

TX HB4914

Relating to removing criminal penalties for possession of certain small amounts of controlled substances.

TX SB87

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

TX HB127

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

TX HB1374

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

Similar Bills

TX HB63

Relating to the criminal and licensing consequences of certain marihuana possession and drug paraphernalia possession offenses; imposing a fee.

TX HB81

Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

TX HB334

Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

TX HB551

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

TX SB760

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

TX HB2418

Relating to the penalties for the production or delivery of marihuana plants.

TX SB731

Relating to the penalties for the production or delivery of marihuana plants.

TX SB170

Relating to a civil action to collect a civil penalty for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia.