Texas House Bill HB2871

Texas 2025 - 89th Regular

• Filed: 2/14/25

Caption

Relating to the criminal penalties for possession of marihuana; changing the eligibility for community supervision.

Impact

The enactment of HB 2871 could have significant implications for Texas's drug enforcement policies, particularly concerning marihuana. By reclassifying the possession of marihuana, the bill may lead to a reduction in the number of individuals incarcerated for minor drug offenses. This change has the potential to alleviate some of the burdens on the criminal justice system and redirect law enforcement resources towards more serious offenses. Additionally, the bill includes provisions for community supervision eligibility, which could further enhance opportunities for rehabilitation rather than punitive measures.

Summary

House Bill 2871 proposes changes to the criminal penalties associated with the possession of marihuana in the state of Texas. The bill seeks to amend existing regulations within the Health and Safety Code, specifically altering the classifications of offenses based on the amount of marihuana possessed. Under the proposed changes, the classifications are modified to introduce new thresholds for misdemeanors and felonies, reflecting a shift towards decriminalizing possession of smaller quantities. This is reflective of broader trends in criminal justice reform aimed at reducing penalties for non-violent drug offenses.

Contention

Despite its intention to moderate criminal penalties, HB 2871 may face opposition from groups that believe the proposed changes do not go far enough in addressing systemic issues related to drug possession penalties. Critics may argue that even with adjusted classifications, criminalization of any amount of marihuana can lead to negative social outcomes, including stigmatization and barriers to employment for those with drug-related convictions. As such, the discussions surrounding this bill are likely to include calls for more comprehensive reforms that include full decriminalization and expungement of records for past offenses.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 121
  • Section: 115
  • Section: 116
  • Section: 1161
  • Section: 118
  • Section: 119
  • Section: 125
  • Section: 134

• 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

Government Code

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