Texas 2021 - 87th Regular

Texas House Bill HB2718

Caption

Relating to the punishment for possession of small amounts of certain controlled substances listed in Penalty Group 2.

Impact

The implications of HB 2718 are significant, as they would reduce the legal consequences for individuals found in possession of THC in e-cigarettes. Prior to this act, possession could result in more severe penalties, and the reclassification to a Class B misdemeanor suggests a move towards more leniency in drug enforcement. This change in law only applies to offenses committed on or after the effective date of the act, which is set for September 1, 2021. Importantly, it allows individuals charged under the previous regulations for acts committed before this date to still be tried under the former law.

Summary

House Bill 2718 proposes amendments to the existing laws surrounding the possession of small amounts of controlled substances listed in Penalty Group 2. The bill specifically aims to reclassify the offense of possessing one e-cigarette containing tetrahydrocannabinol (THC) or its derivatives or analogues. Under the new provisions, such an offense would now be classified as a Class B misdemeanor, a less severe category than previous classifications. This change reflects a shift in the state's approach to drug offenses, particularly relating to the use of cannabis-related products in e-cigarette forms.

Contention

Discussions surrounding HB 2718 may generate various points of contention, particularly among legislators and advocacy groups concerned with drug reform. Proponents of the bill may argue that reclassifying the possession of THC in e-cigarettes aligns with a growing acceptance of cannabis use and reflects an understanding of the relative risks associated with such products. Conversely, opponents may express concerns that this bill could encourage use among minors or undermine broader efforts to regulate substance use effectively. Ultimately, the enactment of HB 2718 has the potential to reshape penalties and discussions around drug use, especially as societal attitudes toward cannabis continue to evolve.

Companion Bills

No companion bills found.

Previously Filed As

TX HB369

Relating to the criminal penalty for possession of certain small amounts of controlled substances in Penalty Group 1 or 1-B.

TX HB4914

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

TX HB939

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

TX HB520

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

TX HB224

Relating to removing criminal penalties for the possession or distribution of certain drug paraphernalia under the Texas Controlled Substances Act.

TX HB753

Relating to removing criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act.

TX HB388

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

TX HB2330

Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

TX HB3578

Relating to increasing the criminal penalties for delivery of a controlled substance in Penalty Group 1-B to a child.

Similar Bills

No similar bills found.