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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalties for possession or delivery of |
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marihuana concentrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.551(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) Subsection (a) does not apply to a defendant who: |
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(1) under Section 481.1151(b)(1), Health and Safety |
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Code, possessed more than five abuse units of the controlled |
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substance; |
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(2) under Section 481.1161(b)(3), Health and Safety |
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Code, possessed more than one pound, by aggregate weight, including |
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adulterants or dilutants, of the controlled substance; or |
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(3) under Section 481.121(b)(3), Health and Safety |
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Code, possessed: |
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(A) more than one pound of marihuana other than |
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marihuana concentrate; or |
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(B) more than 90 grams of marihuana concentrate. |
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SECTION 2. Section 481.002, Health and Safety Code, is |
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amended by amending Subdivision (26) and adding Subdivision (57) to |
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read as follows: |
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(26) "Marihuana" means the plant Cannabis sativa L., |
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whether growing or not, the seeds of that plant, the resin extracted |
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from a part of the plant, and every compound, manufacture, salt, |
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derivative, mixture, or preparation of that plant, the resin of |
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that plant, or its seeds. The term includes marihuana concentrate. |
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The term does not include: |
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(A) [the resin extracted from a part of the plant |
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or a compound, manufacture, salt, derivative, mixture, or |
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preparation of the resin; |
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[(B)] the mature stalks of the plant or fiber |
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produced from the stalks; |
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(B) [(C)] oil or cake made from the seeds of the |
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plant; |
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(C) [(D)] a compound, manufacture, salt, |
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derivative, mixture, or preparation of the mature stalks, fiber, |
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oil, or cake; |
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(D) [(E)] the sterilized seeds of the plant that |
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are incapable of beginning germination; or |
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(E) [(F)] hemp, as that term is defined by |
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Section 121.001, Agriculture Code. |
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(57) "Marihuana concentrate" means the resin |
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extracted from marihuana or a compound, manufacture, salt, |
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derivative, mixture, or preparation of the resin. |
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SECTION 3. Section 481.120, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class B misdemeanor if: |
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(A) the person committing the offense does not |
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receive remuneration for the marihuana; and |
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(B) the amount [of marihuana] delivered is: |
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(i) one-fourth ounce or less of marihuana |
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other than marihuana concentrate [and the person committing the |
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offense does not receive remuneration for the marihuana]; or |
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(ii) 1.5 grams or less of marihuana |
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concentrate; |
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(2) a Class A misdemeanor if: |
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(A) the person committing the offense receives |
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remuneration for the marihuana; and |
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(B) the amount [of marihuana] delivered is: |
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(i) one-fourth ounce or less of marihuana |
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other than marihuana concentrate [and the person committing the |
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offense receives remuneration for the marihuana]; or |
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(ii) 1.5 grams or less of marihuana |
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concentrate; |
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(3) a state jail felony if: |
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(A) the amount of marihuana other than marihuana |
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concentrate delivered is five pounds or less but more than |
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one-fourth ounce; or |
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(B) the amount of marihuana concentrate |
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delivered is 1 pound or less but more than 1.5 grams; |
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(4) a felony of the second degree if: |
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(A) the amount of marihuana other than marihuana |
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concentrate delivered is 50 pounds or less but more than five |
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pounds; or |
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(B) the amount of marihuana concentrate |
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delivered is 10 pounds or less but more than 1 pound; |
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(5) a felony of the first degree if: |
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(A) the amount of marihuana other than marihuana |
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concentrate delivered is 2,000 pounds or less but more than 50 |
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pounds; or |
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(B) the amount of marihuana concentrate |
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delivered is 400 pounds or less but more than 10 pounds; and |
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(6) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 10 years, and a fine not to exceed $100,000, if: |
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(A) the amount of marihuana other than marihuana |
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concentrate delivered is more than 2,000 pounds; or |
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(B) the amount of marihuana concentrate |
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delivered is more than 400 pounds. |
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(c) For purposes of the prosecution of an offense under this |
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section involving marihuana concentrate, the amount of marihuana |
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concentrate delivered is the weight of the marihuana concentrate, |
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excluding adulterants or dilutants. |
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(d) The director shall adopt rules for determining the |
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amount of marihuana concentrate in a product that contains a |
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combination of marihuana concentrate and adulterants or dilutants. |
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SECTION 4. Section 481.121, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (f) and |
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(g) to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class B misdemeanor if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is two ounces or less; or |
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(B) the amount of marihuana concentrate is 10 |
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grams or less; |
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(2) a Class A misdemeanor if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is four ounces or less but more than two |
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ounces; or |
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(B) the amount of marihuana concentrate |
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possessed is 20 grams or less but more than 10 grams; |
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(3) a state jail felony if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is five pounds or less but more than four |
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ounces; or |
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(B) the amount of marihuana concentrate |
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possessed is 1 pound or less but more than 20 grams; |
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(4) a felony of the third degree if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is 50 pounds or less but more than 5 pounds; |
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or |
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(B) the amount of marihuana concentrate |
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possessed is 10 pounds or less but more than 1 pound; |
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(5) a felony of the second degree if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is 2,000 pounds or less but more than 50 |
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pounds; or |
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(B) the amount of marihuana concentrate |
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possessed is 400 pounds or less but more than 10 pounds; and |
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(6) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 5 years, and a fine not to exceed $50,000, if: |
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(A) the amount of marihuana other than marihuana |
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concentrate possessed is more than 2,000 pounds; or |
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(B) the amount of marihuana concentrate |
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possessed is more than 400 pounds. |
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(f) For purposes of the prosecution of an offense under this |
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section involving marihuana concentrate, the amount of marihuana |
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concentrate possessed is the weight of the marihuana concentrate, |
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excluding adulterants or dilutants. |
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(g) The director shall adopt rules for determining the |
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amount of marihuana concentrate in a product that contains a |
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combination of marihuana concentrate and adulterants or dilutants. |
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SECTION 5. Section 481.122(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the actor was a child when the offense was |
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committed; or |
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(2) the actor: |
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(A) was younger than 21 years of age when the |
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offense was committed; |
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(B) delivered only marihuana in an amount equal |
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to or less than: |
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(i) one-fourth ounce of marihuana other |
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than marihuana concentrate; or |
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(ii) 1.5 grams of marihuana concentrate; |
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and |
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(C) did not receive remuneration for the |
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delivery. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |