Texas House Bill HB218

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 3/15/23
• Voted on by House: 4/27/23

Caption

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.

Impact

HB 218 is expected to have significant implications for state laws concerning drug possession. By changing the penalties associated with low-level marijuana offenses, the bill aims to alleviate the burden on the criminal justice system and reduce the number of arrests for minor infractions. Supporters argue this will not only lower costs for law enforcement and the judicial system but will also provide an opportunity for individuals charged with such offenses to avoid severe legal repercussions. The proposed fee associated with offenses could also be a means to generate funds for community initiatives.

Summary

House Bill 218, introduced by Chairman Moody, addresses the enforcement of laws concerning the personal use and possession of cannabis and related substances in Texas. The bill aims to reform the legal consequences of certain marijuana possession offenses, including tetrahydrocannabinols and synthetic cannabinoids, thereby reducing penalties. Specifically, it proposes to make possession of small amounts of marijuana a non-arrestable Class C misdemeanor, thereby altering how law enforcement handles such cases. This reform is seen as a shift towards a more lenient stance on marijuana use, emphasizing better use of law enforcement resources and prioritizing serious crimes.

Sentiment

The sentiment surrounding HB 218 appears to be largely positive among supporters, who view it as a necessary step towards more sensible drug policy in Texas. Advocates of the bill assert that it aligns Texas with an evolving perspective on cannabis and supports better allocation of law enforcement resources. Conversely, some opponents express concerns regarding the potential normalization of drug use and worry about the implications of reduced penalties on public health and safety.

Contention

Notable points of contention include the balance between leniency towards marijuana possession and the need to maintain public safety. Some legislators question the ramifications of decriminalizing possession on a larger scale, voicing concerns about the broader implications for drug culture and community health. Additionally, debates center around the perceived benefits of reallocating law enforcement resources and whether the proposed change adequately addresses the complexities of drug-related issues in society.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 14. Arrest Without Warrant
  • Section: New Section
  • Section: New Section

• Chapter 45. Justice And Municipal Courts
  • Section: New Section
  • Section: New Section
  • Section: New Section

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: 103
  • Section: 1161
  • Section: 121
  • Section: 125
  • Section: 119
  • Section: New Section
  • Section: 103
  • Section: 1161
  • Section: 121
  • Section: 134
  • Section: 119
  • Section: 125
  • Section: 118
  • Section: 1151
  • Section: 116
  • Section: 106
  • Section: 115
  • Section: 116
  • Section: 1161
  • Section: 121
  • Section: 125
  • Section: 119
  • Section: 118
  • Section: 117
  • Section: 106
  • Section: New Section
  • Section: 113
  • Section: 122

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 371
  • Section: 371
  • Section: 371

Occupations Code

• Chapter 551. General Provisions
  • Section: 003
  • Section: 003

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 0728
  • Section: 0728

Penal Code

• Chapter 31. Theft
  • Section: New Section

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: 03
  • Section: 08

• Chapter 49. Intoxication And Alcoholic Beverage Offenses
  • Section: 04
  • Section: 07
  • Section: 08