86R6692 JSC-D
By: Johnson S.B. No. 460
A BILL TO BE ENTITLED
AN ACT
relating to reducing criminal penalties for possession of
marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is four [two] ounces or less but more than two ounces;
(2) a Class A misdemeanor if the amount of marihuana
possessed is five pounds [four ounces] or less but more than four
[two] ounces;
(3) a state jail felony if the amount of marihuana
possessed is 50 [five] pounds or less but more than 5 pounds [four
ounces];
(4) a felony of the third degree if the amount of
marihuana possessed is 2,000 [50] pounds or less but more than 50
[5] pounds; and
(5) a felony of the second degree if the amount of
marihuana possessed is [2,000 pounds or less but more than 50
pounds; and
[(6) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is] more than 2,000 pounds.
SECTION 2. Section 481.125, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) It is an affirmative defense to prosecution under
Subsection (a) that the person possessed or used the drug
paraphernalia solely in conjunction with the possession or use of
two ounces or less of marihuana.
SECTION 3. Section 481.134(c), Health and Safety Code, is
amended to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
(5), or (6), or 481.121(b)(4) or[,] (5)[, or (6)] is increased by
five years and the maximum fine for the offense is doubled if it is
shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
SECTION 4. Article 42A.551(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance; or
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance[; or
[(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana].
SECTION 5. The amendments of Sections 481.121, 481.125, and
481.134, Health and Safety Code, by this Act apply to an offense
committed under Section 481.121 or 481.125, Health and Safety Code,
or an offense committed under Section 481.121 and punishable under
Section 481.134, Health and Safety Code, before, on, or after
September 1, 2019, except that a final conviction for an offense
that exists on September 1, 2019, is unaffected by this Act.
SECTION 6. This Act takes effect September 1, 2019.