Texas 2021 - 87th Regular

Texas Senate Bill SB151 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3204 JSC-D
2	2	By: Johnson S.B. No. 151
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for possession or delivery of
8	8	marihuana and marihuana concentrate.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.551(c), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(c) Subsection (a) does not apply to a defendant who:
13	13	(1) under Section 481.1151(b)(1), Health and Safety
14	14	Code, possessed more than five abuse units of the controlled
15	15	substance;
16	16	(2) under Section 481.1161(b)(3), Health and Safety
17	17	Code, possessed more than one pound, by aggregate weight, including
18	18	adulterants or dilutants, of the controlled substance; or
19	19	(3) under Section 481.121(b)(3), Health and Safety
20	20	Code, possessed:
21	21	(A) more than one pound of marihuana other than
22	22	marihuana concentrate; or
23	23	(B) more than 90 grams of marihuana concentrate.
24	24	SECTION 2. Section 481.002, Health and Safety Code, is
25	25	amended by amending Subdivision (26) and adding Subdivision (57) to
26	26	read as follows:
27	27	(26) "Marihuana" means the plant Cannabis sativa L.,
28	28	whether growing or not, the seeds of that plant, the resin extracted
29	29	from a part of the plant, and every compound, manufacture, salt,
30	30	derivative, mixture, or preparation of that plant, the resin of
31	31	that plant, or its seeds. The term includes marihuana concentrate.
32	32	The term does not include:
33	33	(A) [the resin extracted from a part of the plant
34	34	or a compound, manufacture, salt, derivative, mixture, or
35	35	preparation of the resin;
36	36	[(B)] the mature stalks of the plant or fiber
37	37	produced from the stalks;
38	38	(B) [(C)] oil or cake made from the seeds of the
39	39	plant;
40	40	(C) [(D)] a compound, manufacture, salt,
41	41	derivative, mixture, or preparation of the mature stalks, fiber,
42	42	oil, or cake;
43	43	(D) [(E)] the sterilized seeds of the plant that
44	44	are incapable of beginning germination; or
45	45	(E) [(F)] hemp, as that term is defined by
46	46	Section 121.001, Agriculture Code.
47	47	(57) "Marihuana concentrate" means the resin
48	48	extracted from marihuana or a compound, manufacture, salt,
49	49	derivative, mixture, or preparation of the resin.
50	50	SECTION 3. Section 481.120, Health and Safety Code, is
51	51	amended by amending Subsection (b) and adding Subsections (c) and
52	52	(d) to read as follows:
53	53	(b) An offense under Subsection (a) is:
54	54	(1) a Class B misdemeanor if:
55	55	(A) the person committing the offense does not
56	56	receive remuneration for the marihuana; and
57	57	(B) the amount [of marihuana] delivered is:
58	58	(i) one-fourth ounce or less of marihuana
59	59	other than marihuana concentrate [and the person committing the
60	60	offense does not receive remuneration for the marihuana]; or
61	61	(ii) 1.5 grams or less of marihuana
62	62	concentrate;
63	63	(2) a Class A misdemeanor if:
64	64	(A) the person committing the offense receives
65	65	remuneration for the marihuana; and
66	66	(B) the amount [of marihuana] delivered is:
67	67	(i) one-fourth ounce or less of marihuana
68	68	other than marihuana concentrate [and the person committing the
69	69	offense receives remuneration for the marihuana]; or
70	70	(ii) 1.5 grams or less of marihuana
71	71	concentrate;
72	72	(3) a state jail felony if:
73	73	(A) the amount of marihuana other than marihuana
74	74	concentrate delivered is five pounds or less but more than
75	75	one-fourth ounce; or
76	76	(B) the amount of marihuana concentrate
77	77	delivered is 1 pound or less but more than 1.5 grams;
78	78	(4) a felony of the second degree if:
79	79	(A) the amount of marihuana other than marihuana
80	80	concentrate delivered is 50 pounds or less but more than five
81	81	pounds; or
82	82	(B) the amount of marihuana concentrate
83	83	delivered is 10 pounds or less but more than 1 pound;
84	84	(5) a felony of the first degree if:
85	85	(A) the amount of marihuana other than marihuana
86	86	concentrate delivered is 2,000 pounds or less but more than 50
87	87	pounds; or
88	88	(B) the amount of marihuana concentrate
89	89	delivered is 400 pounds or less but more than 10 pounds; and
90	90	(6) punishable by imprisonment in the Texas Department
91	91	of Criminal Justice for life or for a term of not more than 99 years
92	92	or less than 10 years, and a fine not to exceed $100,000, if:
93	93	(A) the amount of marihuana other than marihuana
94	94	concentrate delivered is more than 2,000 pounds; or
95	95	(B) the amount of marihuana concentrate
96	96	delivered is more than 400 pounds.
97	97	(c) For purposes of the prosecution of an offense under this
98	98	section involving marihuana concentrate, the amount of marihuana
99	99	concentrate delivered is the weight of the marihuana concentrate,
100	100	excluding adulterants or dilutants.
101	101	(d) The director shall adopt rules for determining the
102	102	amount of marihuana concentrate in a product that contains a
103	103	combination of marihuana concentrate and adulterants or dilutants.
104	104	SECTION 4. Section 481.121, Health and Safety Code, is
105	105	amended by amending Subsection (b) and adding Subsections (c) and
106	106	(d) to read as follows:
107	107	(b) An offense under Subsection (a) is:
108	108	(1) a Class B misdemeanor if:
109	109	(A) the amount of marihuana other than marihuana
110	110	concentrate possessed is two ounces or less; or
111	111	(B) the amount of marihuana concentrate is 10
112	112	grams or less;
113	113	(2) a Class A misdemeanor if:
114	114	(A) the amount of marihuana other than marihuana
115	115	concentrate possessed is four ounces or less but more than two
116	116	ounces; or
117	117	(B) the amount of marihuana concentrate
118	118	possessed is 20 grams or less but more than 10 grams;
119	119	(3) a state jail felony if:
120	120	(A) the amount of marihuana other than marihuana
121	121	concentrate possessed is five pounds or less but more than four
122	122	ounces; or
123	123	(B) the amount of marihuana concentrate
124	124	possessed is 1 pound or less but more than 20 grams;
125	125	(4) a felony of the third degree if:
126	126	(A) the amount of marihuana other than marihuana
127	127	concentrate possessed is 50 pounds or less but more than 5 pounds;
128	128	or
129	129	(B) the amount of marihuana concentrate
130	130	possessed is 10 pounds or less but more than 1 pound;
131	131	(5) a felony of the second degree if:
132	132	(A) the amount of marihuana other than marihuana
133	133	concentrate possessed is 2,000 pounds or less but more than 50
134	134	pounds; or
135	135	(B) the amount of marihuana concentrate
136	136	possessed is 400 pounds or less but more than 10 pounds; and
137	137	(6) punishable by imprisonment in the Texas Department
138	138	of Criminal Justice for life or for a term of not more than 99 years
139	139	or less than 5 years, and a fine not to exceed $50,000, if:
140	140	(A) the amount of marihuana other than marihuana
141	141	concentrate possessed is more than 2,000 pounds; or
142	142	(B) the amount of marihuana concentrate
143	143	possessed is more than 400 pounds.
144	144	(c) For purposes of the prosecution of an offense under this
145	145	section involving marihuana concentrate, the amount of marihuana
146	146	concentrate possessed is the weight of the marihuana concentrate,
147	147	excluding adulterants or dilutants.
148	148	(d) The director shall adopt rules for determining the
149	149	amount of marihuana concentrate in a product that contains a
150	150	combination of marihuana concentrate and adulterants or dilutants.
151	151	SECTION 5. Section 481.122(b), Health and Safety Code, is
152	152	amended to read as follows:
153	153	(b) It is an affirmative defense to prosecution under this
154	154	section that:
155	155	(1) the actor was a child when the offense was
156	156	committed; or
157	157	(2) the actor:
158	158	(A) was younger than 21 years of age when the
159	159	offense was committed;
160	160	(B) delivered only marihuana in an amount equal
161	161	to or less than:
162	162	(i) one-fourth ounce of marihuana other
163	163	than marihuana concentrate; or
164	164	(ii) 1.5 grams of marihuana concentrate;
165	165	and
166	166	(C) did not receive remuneration for the
167	167	delivery.
168	168	SECTION 6. The changes in law made by this Act apply only to
169	169	an offense committed on or after the effective date of this Act. An
170	170	offense committed before the effective date of this Act is governed
171	171	by the law in effect on the date the offense was committed, and the
172	172	former law is continued in effect for that purpose. For purposes of
173	173	this section, an offense was committed before the effective date of
174	174	this Act if any element of the offense occurred before that date.
175	175	SECTION 7. This Act takes effect September 1, 2021.