By Patterson                                          S.B. No. 1001
       74R7205 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to production of marijuana and the definition of marijuana
    1-3  in the Controlled Substances Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subdivisions (25), (26), and (43) of Section
    1-6  481.002, Health and Safety Code, are amended to read as follows:
    1-7              (25)  "Manufacture" means the production, preparation,
    1-8  propagation, compounding, conversation, or processing of a
    1-9  controlled substance    <other than marihuana>, directly or
   1-10  indirectly by extraction from substances of natural origin,
   1-11  independently by means of chemical synthesis, or by a combination
   1-12  of extraction and chemical synthesis, and includes the packaging or
   1-13  repackaging of the substance or labeling or relabeling of its
   1-14  container.  However, the term does not include the preparation,
   1-15  compounding, packaging, or labeling of a controlled substance:
   1-16                    (A)  by a practitioner as an incident to the
   1-17  practitioner's administering or dispensing a controlled substance
   1-18  in the course of professional practice; or
   1-19                    (B)  by a practitioner, or by an authorized agent
   1-20  under the supervision of the practitioner, for or as an incident to
   1-21  research, teaching, or chemical analysis and not for delivery.
   1-22              (26)  "Marihuana" means the plant Cannabis sativa L.,
   1-23  whether growing or not, the seeds of that plant, and every
   1-24  compound, manufacture, salt, derivative, mixture, or preparation of
    2-1  that plant or its seeds.  Unless the item has not been separated
    2-2  from the marihuana and is included within the aggregate weight of
    2-3  marihuana which is unlawfully manufactured, produced, distributed,
    2-4  or possessed under this chapter, the <The> term does not include
    2-5  the following items:
    2-6                    (A)  the resin extracted from a part of the plant
    2-7  or a compound, manufacture, salt, derivative, mixture, or
    2-8  preparation of the resin;
    2-9                    (B)  the mature stalks of the plant or fiber
   2-10  produced from the stalks;
   2-11                    (C)  oil or cake made from the seeds of the
   2-12  plant;
   2-13                    (D)  a compound, manufacture, salt, derivative,
   2-14  mixture, or preparation of the mature stalks, fiber, oil, or cake;
   2-15  or
   2-16                    (E)  the sterilized seeds of the plant that are
   2-17  incapable of germination.
   2-18              (43)  "Production" includes the manufacturing,
   2-19  planting, cultivating, growing, or harvesting of a controlled
   2-20  substance, including but not limited to marihuana.
   2-21        SECTION 2.  Subchapter D, Chapter 481, Health and Safety
   2-22  Code, is amended by adding Section 481.1201 to read as follows:
   2-23        Sec. 481.1201.  OFFENSE:  PRODUCTION OF MARIHUANA.  (a)
   2-24  Except as authorized by this chapter, a person commits an offense
   2-25  if the person knowingly or intentionally produces marihuana.
   2-26        (b)  An offense under Subsection (a) is:
   2-27              (1)  a state jail felony if the amount of marihuana
    3-1  produced is fewer than 5 plants;
    3-2              (2)  a felony of the third degree if the amount of
    3-3  marihuana produced is 5 plants or more;
    3-4              (3)  a felony of the second degree if the amount of
    3-5  marihuana produced is 50 plants or more; and
    3-6              (4)  punishable by imprisonment in the institutional
    3-7  division of the Texas Department of Criminal Justice for life or
    3-8  for a term of not more than 99 years or less than 15 years, and a
    3-9  fine not to exceed $250,000, if the amount of marihuana produced is
   3-10  2,000 plants or more.
   3-11        SECTION 3.  Subchapter F, Chapter 481, Health and Safety
   3-12  Code, is amended by adding Section 481.187 to read as follows:
   3-13        Sec. 481.187.  EVIDENTIARY RULES RELATING TO POSSESSION OR
   3-14  DELIVERY OF MARIHUANA.  (a)  The quantity or weight of marihuana
   3-15  proven during a prosecution of an offense under this chapter shall
   3-16  include the aggregate weight of marihuana and each item listed in
   3-17  Subdivision (26)(A) through (E) that had not been completely
   3-18  separated from the marihuana and was manufactured, produced,
   3-19  delivered, or possessed along with the marihuana.
   3-20        (b)  If an item listed in Subdivision (26)(A) through (E) has
   3-21  been partially separated from any marihuana that was manufactured,
   3-22  produced, delivered, or possessed in violation of this chapter, the
   3-23  aggregate weight of the items may not be used to establish an
   3-24  offense under Sections 481.120, 481.121, or 481.122, unless the
   3-25  weight of marihuana is one percent or more of the aggregate weight
   3-26  of the items and the marihuana.
   3-27        (c)  It is an affirmative defense to prosecution under
    4-1  Sections 481.120, 481.121, or 481.122 that less than one percent of
    4-2  the aggregate weight of the substance involved in the alleged
    4-3  offense was marihuana under Subsection (b) of this section.
    4-4        SECTION 4.  Section 481.120, Chapter 481, Health and Safety
    4-5  Code, is amended to read as follows:
    4-6        Sec. 481.120.  OFFENSE:  DELIVERY OF MARIHUANA.  (a)  Except
    4-7  as authorized by this chapter, a person commits an offense if the
    4-8  person knowingly or intentionally delivers marihuana.
    4-9        (b)  An offense under Subsection (a) is:
   4-10              (1)  a Class B misdemeanor if the amount of marihuana
   4-11  delivered is less than one-fourth ounce <or less> and the person
   4-12  committing the offense does not receive remuneration for the
   4-13  marihuana;
   4-14              (2)  a Class A misdemeanor if the amount of marihuana
   4-15  delivered is less than one-fourth ounce  <or less> and the person
   4-16  committing the offense receives remuneration for the marihuana;
   4-17              (3)  a state jail felony if the amount of marihuana
   4-18  delivered is one-fourth ounce or more <five pounds or less but more
   4-19  than one fourth ounce>;
   4-20              (4)  a felony of the third degree if the amount of
   4-21  marihuana delivered is four ounces or more;
   4-22              (5)  a felony of the second degree if the amount of
   4-23  marihuana delivered is <50 pounds or less but more than> five
   4-24  pounds or more;
   4-25              (6) <(5)>  a felony of the first degree if the amount
   4-26  of marihuana delivered is <2,000 pounds or less but more than> 50
   4-27  pounds or more; and
    5-1              (7) <(6)>  punishable by imprisonment in the
    5-2  institutional division of the Texas Department of Criminal Justice
    5-3  for life or for a term of not more than 99 years or less than 15
    5-4  <10> years, and a fine not to exceed $250,000 <$100,000>, if the
    5-5  amount of marihuana delivered is <more than> 2,000 pounds or more.
    5-6        SECTION 5.  Section 481.121, Chapter 481, Health and Safety
    5-7  Code, is amended to read as follows:
    5-8        Sec. 481.121.  OFFENSE:  POSSESSION OF MARIHUANA.  (a)
    5-9  Except as authorized by this chapter, a person commits an offense
   5-10  if the person knowingly or intentionally possesses <a usable
   5-11  quantity of> marihuana.
   5-12        (b)  An offense under Subsection (a) is:
   5-13              (1)  a Class B misdemeanor if the amount of marihuana
   5-14  possessed is less than two ounces  <or less>;
   5-15              (2)  a Class A misdemeanor if the amount of marihuana
   5-16  possessed is <four ounces or less but more than> two ounces or
   5-17  more;
   5-18              (3)  a state jail felony if the amount of marihuana
   5-19  possessed is <five pounds or less but more than> four ounces or
   5-20  more;
   5-21              (4)  a felony of the third degree if the amount of
   5-22  marihuana possessed is <50 pounds or less but more than> 5 pounds
   5-23  or more;
   5-24              (5)  a felony of the second degree if the amount of
   5-25  marihuana possessed is <2,000 pounds or less but more than> 50
   5-26  pounds or more; <and>
   5-27              (6)  a felony of the first degree if the amount of
    6-1  marihuana possessed is 2,000 pounds or more; and
    6-2              (7)  punishable by imprisonment in the institutional
    6-3  division of the Texas Department of Criminal Justice for life or
    6-4  for a term of not more than 99 years or less than 15 <5> years, and
    6-5  a fine not to exceed $250,000 <$50,000>, if the amount of marihuana
    6-6  possessed is 4,000    <more than 2,000> pounds or more.
    6-7        (c)  It is an affirmative defense to prosecution under this
    6-8  section that the quantity of marihuana possessed was not a usable
    6-9  amount.
   6-10        SECTION 6.  Section 481.130, Health and Safety Code, is
   6-11  amended to read as follows:
   6-12        (a)  A penalty imposed for an offense under this chapter is
   6-13  in addition to any civil, criminal, or administrative penalty or
   6-14  other sanction imposed by law.
   6-15        (b)  An offense which may be punished under a greater or
   6-16  lesser aggregate weight provision of this chapter may be punished
   6-17  under either provision but not both.
   6-18        SECTION 7.  (a)  The change in law made by this Act applies
   6-19  only to an offense committed on or after the effective date of this
   6-20  Act.  For purposes of this section, an offense is committed before
   6-21  the effective date of this Act if any element of the offense occurs
   6-22  before the effective date.
   6-23        (b)  An offense committed before the effective date of this
   6-24  Act is covered by the law in effect when the offense was committed,
   6-25  and the former law is continued in effect for this purpose.
   6-26        SECTION 8.  This Act takes effect September 1, 1995.
   6-27        SECTION 9.  The importance of this legislation and the
    7-1  crowded condition of the calendars in both houses create an
    7-2  emergency and an imperative public necessity that the
    7-3  constitutional rule requiring bills to be read on three several
    7-4  days in each house be suspended, and this rule is hereby suspended.