Texas Senate Bill SB967

Texas 2023 - 88th Regular

• Filed: 2/15/23

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

If enacted, SB967 would significantly alter the Health and Safety Code, particularly in the classification of offenses related to marihuana possession. It would establish a more lenient approach to handling such offenses, categorizing up to one ounce of possession as a Class C misdemeanor, thus presumably reducing the burden on the judicial system and rectifying the experiences of individuals facing minor drug charges. Moreover, the bill provides a framework for expungement of certain offenses, potentially allowing individuals to clear their records after fulfilling specified conditions.

Summary

SB967 aims to address the criminal and licensing implications associated with the possession of marihuana, certain tetrahydrocannabinols, synthetic cannabinoids, and related drug paraphernalia. The bill proposes to reduce certain penalties related to possession, establishing clearer misdemeanors and lesser offense classifications for specific amounts of marihuana. Additionally, it seeks to implement a fee structure associated with the peacemaking processes for offenses relating to these substances. Overall, the legislation represents a move towards reforming drug-related offenses in Texas law, particularly regarding marihuana.

Sentiment

The sentiment in discussions around SB967 appears to be generally supportive, particularly among advocates for drug reform who argue that the bill is a step towards a more rational approach to drug laws, reducing unnecessary criminal penalties for low-level offenses. However, there is also concern from those worried about the potential normalization of drug use and its implications for public safety. This reflects a deeper division between advocates for social justice in drug policy and those who prioritize judicial and community safety.

Contention

Notable points of contention include fears around public safety and the argument that altering penalties could inadvertently promote drug use among vulnerable populations. Detractors express concern that lowering penalties for marihuana possession might undermine the seriousness of drug offenses in general, while proponents advocate that individuals should not face severe penalties for using substances that are increasingly being legalized or decriminalized in other states. Moreover, the implementation of a fee seems to raise questions on accessibility and equity for those who might face financial barriers when seeking expungement.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: 1161
  • Section: 121

Government Code

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

Transportation Code

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

Occupations Code

• Chapter 551. General Provisions
  • Section: 003