Texas House Bill HB2681

Texas 2025 - 89th Regular

• Filed: 2/11/25

Caption

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

Impact

The bill outlines that if individuals who are arrested for possession of small quantities of controlled substances seek emergency medical assistance for themselves or others during an overdose, they may have defenses against prosecution. This provision is intended to encourage individuals to call for help without fear of legal repercussions. However, these defenses are limited when certain circumstances exist, such as the presence of law enforcement at the time of the request for assistance or if the person was committing another offense.

Summary

House Bill 2681 addresses the penalties for offenders found in possession of small amounts of certain controlled substances. Amendments to the Health and Safety Code include changing certain offenses from a Class A misdemeanor to state jail felonies for individuals with prior drug offenses. The bill aims to reform drug-related penalties, particularly for those who possess less than one gram of drugs categorized under Penalty Group 1 and Penalty Group 1-B, with certain considerations for previous convictions that elevate the offense's severity.

Contention

A notable point of contention in discussions around the bill revolves around the balance between public safety and encouraging individuals to seek help during drug-related emergencies. Supporters argue that easing penalties can help reduce the stigma around drug use and potentially save lives during overdoses. In contrast, opponents raise concerns about the message that such changes send regarding drug use and the potential for the bill to be seen as lenient towards drug offenders, ultimately questioning its effectiveness in deterring substance abuse.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 115
  • Section: 1151
  • Section: 116
  • Section: 1161
  • Section: 117
  • Section: 118
  • Section: 121
  • Section: 119

• Chapter 483. Dangerous Drugs
  • Section: 041

• Chapter 485. Abusable Volatile Chemicals
  • Section: 031

Code Of Criminal Procedure

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