Texas House Bill HB2446

Texas 2023 - 88th Regular

• Filed: 2/17/23

Caption

Relating to the criminal penalties for possession of marihuana.

Impact

The legal amendments called for in HB 2446 are expected to significantly influence state laws concerning drug possession, particularly marihuana. The revised laws will primarily focus on reducing the repercussions for individuals charged with minor offenses, thus alleviating the impact of criminal records on personal and professional opportunities. It is anticipated that these changes will lead to decreased incarceration rates for possession-related offenses and promote a shift towards treatment and education rather than punishment. Additionally, the bill provides a pathway for individuals to expunge their criminal records for certain marihuana offenses, fostering reintegration into society.

Summary

House Bill 2446 addresses criminal penalties for possession of marihuana, aiming to amend certain sections of the Texas Penal Code and the Health and Safety Code. Primarily, the bill seeks to create a framework that reduces penalties for minor marihuana possession offenses, aligning them with public health initiatives and decriminalization trends seen across the country. The bill proposes modifications to the Code of Criminal Procedure and also establishes guidelines for expunction of criminal records related to marihuana charges. By doing so, it promotes a more rehabilitative approach rather than a punitive one towards individuals facing possession charges.

Sentiment

Public sentiment regarding HB 2446 appears to be generally supportive among advocates for criminal justice reform and public health. Proponents argue that this bill aligns with a growing recognition of the inefficacy of harsh drug laws, especially for non-violent offenses. They assert that reducing the penalties for marihuana possession will not only benefit individuals charged with such crimes but also improve community relations with law enforcement. However, dissenters express concerns about the potential normalization of drug use and the need for sufficient regulatory measures to prevent abuse.

Contention

Despite its overall positive reception, HB 2446 is not without contention. There are fears among some lawmakers and community leaders that lowering penalties could lead to increased marihuana use, particularly amongst minors. Additionally, discussions surrounding the effectiveness of existing educational and treatment initiatives remain central to the debate. Opponents of the bill often cite the need for more stringent regulations and the harm that could arise from loosening current drug laws, creating a tension between promoting rehabilitation and enforcing public safety.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 121
  • Section: 115
  • Section: 116
  • Section: 117
  • Section: 118
  • Section: 119
  • Section: 126
  • Section: 134

• Chapter 485. Abusable Volatile Chemicals
  • Section: 031

Code Of Criminal Procedure

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

• Chapter 42. Judgment And Sentence
  • Section: New Section

• Chapter 55. Expunction Of Criminal Records
  • Section: New Section

Government Code

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