By: Jones of Harris H.B. No. 4914
A BILL TO BE ENTITLED
AN ACT
relating to removing criminal penalties for possession of certain
small amounts of controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than one
gram.
(c)An offense under Subsection (a) is a felony of the third
degreeClass B misdemeanor if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, one gram or more but less than four grams.
(d)An offense under Subsection (a) is a felony of the second
degreeClass A misdemeanor if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, four grams or more but less than 200 grams.
SECTION 2. Section 481.116(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than one
gram.
(c)An offense under Subsection (a) is a felony of the third
degreeClass B misdemeanor if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, one gram or more but less than four grams.
(d)An offense under Subsection (a) is a felony of the second
degreeClass A misdemeanor if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, four grams or more but less than 200 grams.
SECTION 3. Section 481.1161(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less but more than 1 gram;
(2) a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 2,000 pounds or less but more than 50
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 the amount
of the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, more than 2,000 pounds.
SECTION 4. Section 481.117(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class B misdemeanor
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than 4
grams but more than 1 grams.
(b)(c) An offense under Subsection (a) is a Class A
misdemeanor if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, less than
28 grams but more than 4 grams.
(c)(d) An offense under Subsection (a) is a felony of the
third degree if the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, 28
grams or more but less than 200 grams.
(d)(e) An offense under Subsection (a) is a felony of the
second degree, if the amount of the controlled substance possessed
is, by aggregate weight, including adulterants or dilutants, 200
grams or more but less than 400 grams.
(e)(f) An offense under Subsection (a) is 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 five years, and
a fine not to exceed $50,000, if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, 400 grams or more.
(f)(g) It is a defense to prosecution for an offense
punishable under Subsection (b) that the actor:
(1)was the first person to request emergency medical
assistance in response to the possible overdose of another person
and:
(A) made the request for medical assistance
during an ongoing medical emergency;
(B) remained on the scene until the medical
assistance arrived; and
(C) cooperated with medical assistance and law
enforcement personnel; or
(2) was the victim of a possible overdose for which
emergency medical assistance was requested, by the actor or by
another person, during an ongoing medical emergency.
(g)(h) The defense to prosecution provided by Subsection
(f) is not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
481.121(b)(1) or (2), or an offense under Section 481.119(b),
481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
483.041(e), or 485.031(c); or
(4)at any time during the 18-month period preceding the
date of the commission of the instant offense, the actor requested
emergency medical assistance in response to the possible overdose
of the actor or another person.
(h)(i) The defense to prosecution provided by Subsection (f)
does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency medical
assistance if that evidence pertains to an offense for which the
defense described by Subsection (f) is not available.
SECTION 5. Section 481.118(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class B misdemeanor
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than 28
grams but more than 1 gram.
SECTION 6. Section 481.119(b), Health and Safety Code, is
amended to read as follows:
(b) A person commits an offense if the person knowingly or
intentionally possesses a controlled substance in an amount
exceeding 1 gram listed in a schedule by an action of the
commissioner under this chapter but not listed in a penalty group.
An offense under this subsection is a Class B misdemeanor.
SECTION 7. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than 1 gram;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana
possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of
marihuana possessed is 2,000 pounds or less but more than 50 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 the amount
of marihuana possessed is more than 2,000 pounds.
SECTION 8. The change in law made by this Act applies 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 was
committed before that date.
SECTION 9. This Act takes effect September 1, 2023.