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.