Texas 2025 - 89th Regular

Texas House Bill HB848 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4506 CJD-D
2	2	By: Moody H.B. No. 848
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the criminal penalties for possession or delivery of
10	10	marihuana concentrate.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.551(c), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(c) Subsection (a) does not apply to a defendant who:
15	15	(1) under Section 481.1151(b)(1), Health and Safety
16	16	Code, possessed more than five abuse units of the controlled
17	17	substance;
18	18	(2) under Section 481.1161(b)(3), Health and Safety
19	19	Code, possessed more than one pound, by aggregate weight, including
20	20	adulterants or dilutants, of the controlled substance; or
21	21	(3) under Section 481.121(b)(3), Health and Safety
22	22	Code, possessed:
23	23	(A) more than one pound of marihuana other than
24	24	marihuana concentrate; or
25	25	(B) more than 90 grams of marihuana concentrate.
26	26	SECTION 2. Section 481.002, Health and Safety Code, is
27	27	amended by amending Subdivision (26) and adding Subdivision (57) to
28	28	read as follows:
29	29	(26) "Marihuana" means the plant Cannabis sativa L.,
30	30	whether growing or not, the seeds of that plant, the resin extracted
31	31	from a part of the plant, and every compound, manufacture, salt,
32	32	derivative, mixture, or preparation of that plant, the resin of
33	33	that plant, or its seeds. The term includes marihuana concentrate.
34	34	The term does not include:
35	35	(A) [the resin extracted from a part of the plant
36	36	or a compound, manufacture, salt, derivative, mixture, or
37	37	preparation of the resin;
38	38	[(B)] the mature stalks of the plant or fiber
39	39	produced from the stalks;
40	40	(B) [(C)] oil or cake made from the seeds of the
41	41	plant;
42	42	(C) [(D)] a compound, manufacture, salt,
43	43	derivative, mixture, or preparation of the mature stalks, fiber,
44	44	oil, or cake;
45	45	(D) [(E)] the sterilized seeds of the plant that
46	46	are incapable of beginning germination; or
47	47	(E) [(F)] hemp, as that term is defined by
48	48	Section 121.001, Agriculture Code.
49	49	(57) "Marihuana concentrate" means the resin
50	50	extracted from marihuana or a compound, manufacture, salt,
51	51	derivative, mixture, or preparation of the resin.
52	52	SECTION 3. Section 481.120, Health and Safety Code, is
53	53	amended by amending Subsection (b) and adding Subsections (c) and
54	54	(d) to read as follows:
55	55	(b) An offense under Subsection (a) is:
56	56	(1) a Class B misdemeanor if:
57	57	(A) the person committing the offense does not
58	58	receive remuneration for the marihuana; and
59	59	(B) the amount [of marihuana] delivered is:
60	60	(i) one-fourth ounce or less of marihuana
61	61	other than marihuana concentrate [and the person committing the
62	62	offense does not receive remuneration for the marihuana]; or
63	63	(ii) 1.5 grams or less of marihuana
64	64	concentrate;
65	65	(2) a Class A misdemeanor if:
66	66	(A) the person committing the offense receives
67	67	remuneration for the marihuana; and
68	68	(B) the amount [of marihuana] delivered is:
69	69	(i) one-fourth ounce or less of marihuana
70	70	other than marihuana concentrate [and the person committing the
71	71	offense receives remuneration for the marihuana]; or
72	72	(ii) 1.5 grams or less of marihuana
73	73	concentrate;
74	74	(3) a state jail felony if:
75	75	(A) the amount of marihuana other than marihuana
76	76	concentrate delivered is five pounds or less but more than
77	77	one-fourth ounce; or
78	78	(B) the amount of marihuana concentrate
79	79	delivered is 1 pound or less but more than 1.5 grams;
80	80	(4) a felony of the second degree if:
81	81	(A) the amount of marihuana other than marihuana
82	82	concentrate delivered is 50 pounds or less but more than five
83	83	pounds; or
84	84	(B) the amount of marihuana concentrate
85	85	delivered is 10 pounds or less but more than 1 pound;
86	86	(5) a felony of the first degree if:
87	87	(A) the amount of marihuana other than marihuana
88	88	concentrate delivered is 2,000 pounds or less but more than 50
89	89	pounds; or
90	90	(B) the amount of marihuana concentrate
91	91	delivered is 400 pounds or less but more than 10 pounds; and
92	92	(6) a felony of the first degree punishable by
93	93	imprisonment in the Texas Department of Criminal Justice for life
94	94	or for a term of not more than 99 years or less than 10 years, and a
95	95	fine not to exceed $100,000, if:
96	96	(A) the amount of marihuana other than marihuana
97	97	concentrate delivered is more than 2,000 pounds; or
98	98	(B) the amount of marihuana concentrate
99	99	delivered is more than 400 pounds.
100	100	(c) For purposes of the prosecution of an offense under this
101	101	section involving marihuana concentrate, the amount of marihuana
102	102	concentrate delivered is the weight of the marihuana concentrate,
103	103	excluding adulterants or dilutants.
104	104	(d) The director shall adopt rules for determining the
105	105	amount of marihuana concentrate in a product that contains a
106	106	combination of marihuana concentrate and adulterants or dilutants.
107	107	SECTION 4. Section 481.121, Health and Safety Code, is
108	108	amended by amending Subsection (b) and adding Subsections (f) and
109	109	(g) to read as follows:
110	110	(b) An offense under Subsection (a) is:
111	111	(1) a Class B misdemeanor if:
112	112	(A) the amount of marihuana other than marihuana
113	113	concentrate possessed is two ounces or less; or
114	114	(B) the amount of marihuana concentrate is 10
115	115	grams or less;
116	116	(2) a Class A misdemeanor if:
117	117	(A) the amount of marihuana other than marihuana
118	118	concentrate possessed is four ounces or less but more than two
119	119	ounces; or
120	120	(B) the amount of marihuana concentrate
121	121	possessed is 20 grams or less but more than 10 grams;
122	122	(3) a state jail felony if:
123	123	(A) the amount of marihuana other than marihuana
124	124	concentrate possessed is five pounds or less but more than four
125	125	ounces; or
126	126	(B) the amount of marihuana concentrate
127	127	possessed is 1 pound or less but more than 20 grams;
128	128	(4) a felony of the third degree if:
129	129	(A) the amount of marihuana other than marihuana
130	130	concentrate possessed is 50 pounds or less but more than 5 pounds;
131	131	or
132	132	(B) the amount of marihuana concentrate
133	133	possessed is 10 pounds or less but more than 1 pound;
134	134	(5) a felony of the second degree if:
135	135	(A) the amount of marihuana other than marihuana
136	136	concentrate possessed is 2,000 pounds or less but more than 50
137	137	pounds; or
138	138	(B) the amount of marihuana concentrate
139	139	possessed is 400 pounds or less but more than 10 pounds; and
140	140	(6) a felony of the first degree punishable by
141	141	imprisonment in the Texas Department of Criminal Justice for life
142	142	or for a term of not more than 99 years or less than 5 years, and a
143	143	fine not to exceed $50,000, if:
144	144	(A) the amount of marihuana other than marihuana
145	145	concentrate possessed is more than 2,000 pounds; or
146	146	(B) the amount of marihuana concentrate
147	147	possessed is more than 400 pounds.
148	148	(f) For purposes of the prosecution of an offense under this
149	149	section involving marihuana concentrate, the amount of marihuana
150	150	concentrate possessed is the weight of the marihuana concentrate,
151	151	excluding adulterants or dilutants.
152	152	(g) The director shall adopt rules for determining the
153	153	amount of marihuana concentrate in a product that contains a
154	154	combination of marihuana concentrate and adulterants or dilutants.
155	155	SECTION 5. Section 481.122(b), Health and Safety Code, is
156	156	amended to read as follows:
157	157	(b) It is an affirmative defense to prosecution under this
158	158	section that:
159	159	(1) the actor was a child when the offense was
160	160	committed; or
161	161	(2) the actor:
162	162	(A) was younger than 21 years of age when the
163	163	offense was committed;
164	164	(B) delivered only marihuana in an amount equal
165	165	to or less than:
166	166	(i) one-fourth ounce of marihuana other
167	167	than marihuana concentrate; or
168	168	(ii) 1.5 grams of marihuana concentrate;
169	169	and
170	170	(C) did not receive remuneration for the
171	171	delivery.
172	172	SECTION 6. The changes in law made by this Act apply only to
173	173	an offense committed on or after the effective date of this Act. An
174	174	offense committed before the effective date of this Act is governed
175	175	by the law in effect on the date the offense was committed, and the
176	176	former law is continued in effect for that purpose. For purposes of
177	177	this section, an offense was committed before the effective date of
178	178	this Act if any element of the offense occurred before that date.
179	179	SECTION 7. This Act takes effect September 1, 2025.