87R3204 JSC-D
By: Canales H.B. No. 439
A BILL TO BE ENTITLED
AN ACT
relating to the criminal penalties for possession or delivery of
marihuana and marihuana concentrate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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;
(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:
(A) more than one pound of marihuana other than
marihuana concentrate; or
(B) more than 90 grams of marihuana concentrate.
SECTION 2. Section 481.002, Health and Safety Code, is
amended by amending Subdivision (26) and adding Subdivision (57) to
read as follows:
(26) "Marihuana" means the plant Cannabis sativa L.,
whether growing or not, the seeds of that plant, the resin extracted
from a part of the plant, and every compound, manufacture, salt,
derivative, mixture, or preparation of that plant, the resin of
that plant, or its seeds. The term includes marihuana concentrate.
The term does not include:
(A) [the resin extracted from a part of the plant
or a compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
[(B)] the mature stalks of the plant or fiber
produced from the stalks;
(B) [(C)] oil or cake made from the seeds of the
plant;
(C) [(D)] a compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks, fiber,
oil, or cake;
(D) [(E)] the sterilized seeds of the plant that
are incapable of beginning germination; or
(E) [(F)] hemp, as that term is defined by
Section 121.001, Agriculture Code.
(57) "Marihuana concentrate" means the resin
extracted from marihuana or a compound, manufacture, salt,
derivative, mixture, or preparation of the resin.
SECTION 3. Section 481.120, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if:
(A) the person committing the offense does not
receive remuneration for the marihuana; and
(B) the amount [of marihuana] delivered is:
(i) one-fourth ounce or less of marihuana
other than marihuana concentrate [and the person committing the
offense does not receive remuneration for the marihuana]; or
(ii) 1.5 grams or less of marihuana
concentrate;
(2) a Class A misdemeanor if:
(A) the person committing the offense receives
remuneration for the marihuana; and
(B) the amount [of marihuana] delivered is:
(i) one-fourth ounce or less of marihuana
other than marihuana concentrate [and the person committing the
offense receives remuneration for the marihuana]; or
(ii) 1.5 grams or less of marihuana
concentrate;
(3) a state jail felony if:
(A) the amount of marihuana other than marihuana
concentrate delivered is five pounds or less but more than
one-fourth ounce; or
(B) the amount of marihuana concentrate
delivered is 1 pound or less but more than 1.5 grams;
(4) a felony of the second degree if:
(A) the amount of marihuana other than marihuana
concentrate delivered is 50 pounds or less but more than five
pounds; or
(B) the amount of marihuana concentrate
delivered is 10 pounds or less but more than 1 pound;
(5) a felony of the first degree if:
(A) the amount of marihuana other than marihuana
concentrate delivered is 2,000 pounds or less but more than 50
pounds; or
(B) the amount of marihuana concentrate
delivered is 400 pounds or less but more than 10 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 10 years, and a fine not to exceed $100,000, if:
(A) the amount of marihuana other than marihuana
concentrate delivered is more than 2,000 pounds; or
(B) the amount of marihuana concentrate
delivered is more than 400 pounds.
(c) For purposes of the prosecution of an offense under this
section involving marihuana concentrate, the amount of marihuana
concentrate delivered is the weight of the marihuana concentrate,
excluding adulterants or dilutants.
(d) The director shall adopt rules for determining the
amount of marihuana concentrate in a product that contains a
combination of marihuana concentrate and adulterants or dilutants.
SECTION 4. Section 481.121, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if:
(A) the amount of marihuana other than marihuana
concentrate possessed is two ounces or less; or
(B) the amount of marihuana concentrate is 10
grams or less;
(2) a Class A misdemeanor if:
(A) the amount of marihuana other than marihuana
concentrate possessed is four ounces or less but more than two
ounces; or
(B) the amount of marihuana concentrate
possessed is 20 grams or less but more than 10 grams;
(3) a state jail felony if:
(A) the amount of marihuana other than marihuana
concentrate possessed is five pounds or less but more than four
ounces; or
(B) the amount of marihuana concentrate
possessed is 1 pound or less but more than 20 grams;
(4) a felony of the third degree if:
(A) the amount of marihuana other than marihuana
concentrate possessed is 50 pounds or less but more than 5 pounds;
or
(B) the amount of marihuana concentrate
possessed is 10 pounds or less but more than 1 pound;
(5) a felony of the second degree if:
(A) the amount of marihuana other than marihuana
concentrate possessed is 2,000 pounds or less but more than 50
pounds; or
(B) the amount of marihuana concentrate
possessed is 400 pounds or less but more than 10 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:
(A) the amount of marihuana other than marihuana
concentrate possessed is more than 2,000 pounds; or
(B) the amount of marihuana concentrate
possessed is more than 400 pounds.
(c) For purposes of the prosecution of an offense under this
section involving marihuana concentrate, the amount of marihuana
concentrate possessed is the weight of the marihuana concentrate,
excluding adulterants or dilutants.
(d) The director shall adopt rules for determining the
amount of marihuana concentrate in a product that contains a
combination of marihuana concentrate and adulterants or dilutants.
SECTION 5. Section 481.122(b), Health and Safety Code, is
amended to read as follows:
(b) It is an affirmative defense to prosecution under this
section that:
(1) the actor was a child when the offense was
committed; or
(2) the actor:
(A) was younger than 21 years of age when the
offense was committed;
(B) delivered only marihuana in an amount equal
to or less than:
(i) one-fourth ounce of marihuana other
than marihuana concentrate; or
(ii) 1.5 grams of marihuana concentrate;
and
(C) did not receive remuneration for the
delivery.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2021.