88R4387 JSC-D
By: Johnson S.B. No. 967
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06, Code of Criminal Procedure, is
amended by adding Subsections (b-1) and (b-2) and amending
Subsection (d) to read as follows:
(b-1) A peace officer who is charging a person with
committing an offense under Section 481.1161(b)(1), 481.121(b)(1),
or 481.125(a), Health and Safety Code, may not arrest the person and
shall issue the person a citation as provided by Subsection (b).
(b-2) Subsection (b-1) does not apply to an officer making
an arrest for an offense other than an offense under Section
481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
Code.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
that section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 2. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.02161 to read as
follows:
Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This
article applies only to a person charged with an offense under
Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and
Safety Code.
(b) Records of a person relating to a complaint may be
expunged under this article if:
(1) the complaint was dismissed under Article 45.051
or 45.052 or other law and:
(A) at least 180 days have elapsed from the date
of the dismissal; or
(B) at least one year has elapsed from the date of
the citation; or
(2) the person was acquitted of the offense.
(c) The person must make a written request to have the
records expunged. The request must be under oath.
(d) The court shall order all complaints, verdicts,
sentences, and prosecutorial and law enforcement records and any
other documents relating to the offense expunged from the person's
record if the court finds that the person satisfies the
requirements of this article.
(e) The justice or municipal court shall require a person
who requests expungement under this article to pay a fee in the
amount of $30 to defray the cost of notifying state agencies of
orders of expungement under this article.
(f) The procedures for expunction provided under this
article are separate and distinct from the expunction procedures
under Chapter 55.
SECTION 3. Article 45.051, Code of Criminal Procedure, is
amended by adding Subsections (a-2) and (e-1) to read as follows:
(a-2) Unless the defendant has previously received a
deferral of disposition for an offense under Section
481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
Code, committed within the 12-month period preceding the date of
the commission of the instant offense, on plea of guilty or nolo
contendere for either offense, the judge shall defer further
proceedings without entering an adjudication of guilt and place the
defendant on probation under the provisions of this article.
(e-1) A court that dismisses a complaint under this article
for a person charged with an offense under Section 481.1161(b)(1),
481.121(b)(1), or 481.125(a), Health and Safety Code, shall notify
the defendant in writing of the person's expunction rights under
Article 45.02161 and provide the person with a copy of that article.
The dismissed complaint is not a conviction and may not be used
against the person for any purpose.
SECTION 4. Section 411.0728(a), Government Code, is amended
to read as follows:
(a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision for an offense under:
(A) Section 481.1161, Health and Safety Code, if
the offense is punishable under Subsection (b)(1-a);
(B) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(C) [(B)] Section 481.121, Health and Safety
Code, if the offense is punishable under Subsection (b)(1-a)
[(b)(1)];
(D) [(C)] Section 31.03, Penal Code, if the
offense is punishable under Subsection (e)(1) or (2); or
(E) [(D)] Section 43.02, Penal Code; and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision.
SECTION 5. Sections 481.002(5) and (6), Health and Safety
Code, are amended to read as follows:
(5) "Controlled substance" means a substance,
including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 2-B, 3,
or 4. The term includes the aggregate weight of any mixture,
solution, or other substance containing a controlled substance.
The term does not include hemp, as defined by Section 121.001,
Agriculture Code, or the tetrahydrocannabinols in hemp.
(6) "Controlled substance analogue" means:
(A) a substance with a chemical structure
substantially similar to the chemical structure of a controlled
substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [or]
2-A, or 2-B; or
(B) a substance specifically designed to produce
an effect substantially similar to, or greater than, the effect of a
controlled substance in Schedule I or II or Penalty Group 1, 1-A,
1-B, 2, [or] 2-A, or 2-B.
SECTION 6. Section 481.103(a), Health and Safety Code, is
amended to read as follows:
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran
(5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran
(6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine
(5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine
(6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
methanol, D2PM);
Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product (some trade or other names for
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or
other names: N-ethyl-1-phenylcyclohexylamine, (1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(trade or other name: methoxetamine);
Ibogaine (some trade or other names: 7-Ethyl-6,
6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other
names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
(some trade and other names: 2-MeO-ketamine; methoxyketamine);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade
and other names: 4-methyl-2, 5-dimethoxy-alpha-
methylphenethylamine; "DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also
known as N-ethyl MDA);
5,6-methylenedioxy-2-aminoindane (MDAI);
Nabilone (Another name for nabilone: (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other
names: BZP; 1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also
known as N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names: 3-Hexyl-1-
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
[Tetrahydrocannabinols, other than marihuana, and
synthetic equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
[delta-1 cis or trans tetrahydrocannabinol,
and their optical isomers;
[delta-6 cis or trans tetrahydrocannabinol,
and their optical isomers;
[delta-3, 4 cis or trans
tetrahydrocannabinol, and its optical isomers; or
[compounds of these structures, regardless
of numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized;]
Thiophene Analog of Phencyclidine (some trade or
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name: TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or
other name: TFMPP); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other
names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone);
(3) unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other
names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and
salts of optical isomers;
Cathinone (some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers,
and salts of isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
N-Ethylamphetamine, its salts, optical isomers,
and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other
names: N,N,alpha-trimethylbenzeneethanamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers;
(4) any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A) compounds further modified by:
(i) substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii) substitution at the 3-position with an
alkyl substituent; or
(iii) substitution at the 2-amino nitrogen
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
inclusion of the 2-amino nitrogen atom in a cyclic structure; and
(B) by example, compounds such as:
4-Methylmethcathinone (Also known as
Mephedrone);
3,4-Dimethylmethcathinone (Also known as
3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also
known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known
as MDPV);
alpha-Pyrrolidinopentiophenone (Also known
as alpha-PVP);
Naphthylpyrovalerone (Also known as
Naphyrone);
alpha-Methylamino-valerophenone (Also known
as Pentedrone);
beta-Keto-N-methylbenzodioxolylpropylamine
(Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine
(Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine
(Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also
known as Ethylone);
(5) any compound structurally derived from tryptamine
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A) by modification in any of the following ways:
(i) by substitution at the amine nitrogen
atom of the sidechain to any extent with alkyl or alkenyl groups or
by inclusion of the amine nitrogen atom of the side chain (and no
other atoms of the side chain) in a cyclic structure;
(ii) by substitution at the carbon atom
adjacent to the nitrogen atom of the side chain (alpha-position)
with an alkyl or alkenyl group;
(iii) by substitution in the 6-membered
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
alkylenedioxy, or halide substituents; or
(iv) by substitution at the 2-position of
the tryptamine ring system with an alkyl substituent; and
(B) including:
(i) ethers and esters of the controlled
substances listed in this subdivision; and
(ii) by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
5-hydroxy-N, N- dimethyltryptamine; mappine);
Diethyltryptamine (some trade and
other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other
name: DMT);
5-methoxy-N, N-diisopropyltryptamine
(5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name:
4-Aco-DMT);
Psilocin; and
Psilocybin;
(6) 2,5-Dimethoxyphenethylamine and any compound
structurally derived from 2,5-Dimethoxyphenethylamine by
substitution at the 4-position of the phenyl ring to any extent
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or
other name: 2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or
other name: 2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or
other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or
other name: 2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
or other name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade
or other name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine
(trade or other name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7); and
(7) 2,5-Dimethoxyamphetamine and any compound
structurally derived from 2,5-Dimethoxyamphetamine by substitution
at the 4-position of the phenyl ring to any extent (including alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or
other name: Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade
or other name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other
name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or
other name: DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other
name: DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other
name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or
other name: DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other
name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or
other name: DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
other name: DOPR).
SECTION 7. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1032 to read as follows:
Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B
consists of any quantity of the following substances, their salts,
isomers, and salts of isomers, unless specifically excepted, if the
existence of these salts, isomers, and salts of isomers is possible
within the specific chemical designation:
Tetrahydrocannabinols, other than marihuana, and
synthetic equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol, and
their optical isomers;
delta-6 cis or trans tetrahydrocannabinol, and
their optical isomers;
delta-3, 4 cis or trans tetrahydrocannabinol, and
their optical isomers; or
compounds of these structures, regardless of
numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized.
(b) For the purposes of this section, the term "isomer"
includes an optical, position, or geometric isomer.
SECTION 8. Section 481.106, Health and Safety Code, is
amended to read as follows:
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
ANALOGUE. For the purposes of the prosecution of an offense under
this subchapter involving the manufacture, delivery, or possession
of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [and] 2-A,
and 2-B include a controlled substance analogue that:
(1) has a chemical structure substantially similar to
the chemical structure of a controlled substance listed in the
applicable penalty group; or
(2) is specifically designed to produce an effect
substantially similar to, or greater than, a controlled substance
listed in the applicable penalty group.
SECTION 9. The heading to Section 481.113, Health and
Safety Code, is amended to read as follows:
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE
IN PENALTY GROUP 2, [OR] 2-A, OR 2-B.
SECTION 10. Section 481.113(a), Health and Safety Code, is
amended to read as follows:
(a) Except as authorized by this chapter, a person commits
an offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in
Penalty Group 2, [or] 2-A, or 2-B.
SECTION 11. Section 481.115(h), Health and Safety Code, is
amended to read as follows:
(h) The defense to prosecution provided by Subsection (g) 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 481.1151(b)(1),
481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
or 481.121(b)(1), (1-a), 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 481.1151(c), 481.116(f), 481.1161(c),
481.117(f), 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.
SECTION 12. Section 481.1151(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) 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),
481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
or 481.121(b)(1), (1-a), 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), 481.116(f), 481.1161(c),
481.117(f), 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.
SECTION 13. Section 481.116(g), Health and Safety Code, is
amended to read as follows:
(g) 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), 481.1161(b)(1), (1-a), or (2), 481.117(b),
481.118(b), or 481.121(b)(1), (1-a), 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), 481.1161(c),
481.117(f), 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.
SECTION 14. The heading to Section 481.1161, Health and
Safety Code, is amended to read as follows:
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
GROUP 2-A OR 2-B.
SECTION 15. Sections 481.1161(a), (b), (c), and (d), Health
and Safety Code, are amended to read as follows:
(a) Except as authorized by this chapter, a person commits
an offense if the person knowingly possesses a controlled substance
listed in Penalty Group 2-A or 2-B, unless the person obtained the
substance directly from or under a valid prescription or order of a
practitioner acting in the course of professional practice.
(b) An offense under this section is:
(1) a Class C misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, one ounce or less;
(1-a) 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 one
ounce;
(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.
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1), (1-a), or (2) 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.
(d) The defense to prosecution provided by Subsection (c) 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), 481.117(b), 481.118(b), or
481.121(b)(1), (1-a), 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),
481.117(f), 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.
SECTION 16. Section 481.117(g), Health and Safety Code, is
amended to read as follows:
(g) 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), (1-a), or (2),
481.118(b), or 481.121(b)(1), (1-a), 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.
SECTION 17. Section 481.118(g), Health and Safety Code, is
amended to read as follows:
(g) 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), (1-a), or (2),
481.117(b), or 481.121(b)(1), (1-a), 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), 481.117(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.
SECTION 18. Section 481.119(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) 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), (1-a), or (2),
481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
offense under Section 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), 481.117(f), 481.118(f), 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.
SECTION 19. Sections 481.121(b), (c), and (d), Health and
Safety Code, are amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less;
(1-a) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than one ounce;
(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.
(c) It is a defense to prosecution for an offense punishable
under Subsection (b)(1), (1-a), or (2) 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.
(d) The defense to prosecution provided by Subsection (c) 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), (1-a), or (2),
481.117(b), or 481.118(b), 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), 481.117(f), 481.118(f), 481.119(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.
SECTION 20. Section 481.122(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
delivers a controlled substance listed in Penalty Group 1, 1-A,
1-B, 2, 2-A, 2-B, or 3 or knowingly delivers marihuana and the
person delivers the controlled substance or marihuana to a person:
(1) who is a child;
(2) who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance or marihuana to a person described by
Subdivision (1) or (2).
SECTION 21. Section 481.124(d), Health and Safety Code, is
amended to read as follows:
(d) An offense under this section is:
(1) a felony of the second degree if the controlled
substance is listed in Penalty Group 1, 1-A, or 1-B;
(2) a felony of the third degree if the controlled
substance is listed in Penalty Group 2, 2-A, or 2-B;
(3) a state jail felony if the controlled substance is
listed in Penalty Group 3 or 4; or
(4) a Class A misdemeanor if the controlled substance
is listed in a schedule by an action of the commissioner under this
chapter but not listed in a penalty group.
SECTION 22. Section 481.125(h), Health and Safety Code, is
amended to read as follows:
(h) The defense to prosecution provided by Subsection (g) 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), (1-a), or (2),
481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
offense under Section 481.119(b), 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), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
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.
SECTION 23. Section 481.134(f), Health and Safety Code, is
amended to read as follows:
(f) An offense otherwise punishable under Section
481.1161(b)(1-a), 481.118(b), 481.119(b), 481.120(b)(1), or
481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 24. Section 483.041(f), Health and Safety Code, is
amended to read as follows:
(f) The defense to prosecution provided by Subsection (e) 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), (1-a), or (2),
481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
offense under Section 481.119(b), 481.125(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 481 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), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
481.125(g), 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.
SECTION 25. Section 485.031(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) 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), (1-a), or (2),
481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
offense under Section 481.119(b), 481.125(a), or 483.041(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 481 or 483;
(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), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
481.125(g), or 483.041(e); 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.
SECTION 26. Sections 551.003(11) and (12), Occupations
Code, are amended to read as follows:
(11) "Controlled substance" means a substance,
including a drug:
(A) listed in Schedule I, II, III, IV, or V, as
established by the commissioner of public health under Chapter 481,
Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 2-A,
2-B, 3, or 4, Chapter 481; or
(B) included in Schedule I, II, III, IV, or V of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. Section 801 et seq.).
(12) "Dangerous drug" means a drug or device that:
(A) is not included in Penalty Group 1, 1-B, 2,
2-A, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is
unsafe for self-medication; or
(B) bears or is required to bear the legend:
(i) "Caution: federal law prohibits
dispensing without prescription" or "Rx only" or another legend
that complies with federal law; or
(ii) "Caution: federal law restricts this
drug to use by or on the order of a licensed veterinarian."
SECTION 27. Section 521.371(3), Transportation Code, is
amended to read as follows:
(3) "Drug offense" has the meaning assigned under 23
U.S.C. Section 159(c) and includes an offense under Section 49.04,
49.07, or 49.08, Penal Code, that is committed as a result of the
introduction into the body of any substance the possession of which
is prohibited under the Controlled Substances Act. The term does
not include an offense punishable by fine only under the laws of
this state.
SECTION 28. The changes in law made by this Act apply 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 29. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2023.
(b) Section 521.371, Transportation Code, as amended by
this Act, takes effect on the 91st day after the date the office of
the attorney general publishes in the Texas Register a finding
that:
(1) the legislature of this state has adopted a
resolution expressing the legislature's opposition to a law meeting
the requirements of 23 U.S.C. Section 159 in suspending, revoking,
or denying the driver's license of a person convicted of a drug
offense punishable by fine only for a period of six months;
(2) the governor of this state has submitted to the
United States secretary of transportation:
(A) a written certification of the governor's
opposition to the enactment or enforcement of a law required under
23 U.S.C. Section 159 as that law relates to offenses punishable by
fine only; and
(B) a written certification that the legislature
has adopted the resolution described by Subdivision (1) of this
subsection; and
(3) the United States secretary of transportation has
responded to the governor's submission and certified that highway
funds will not be withheld from this state in response to the
modification or full or partial repeal of the law required under 23
U.S.C. Section 159.