By Farabee H.B. No. 2018 76R5956 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the penalty for possession of marihuana. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 481.121(b), Health and Safety Code, is 1-5 amended to read as follows: 1-6 (b) An offense under Subsection (a) is: 1-7 (1) a Class B misdemeanor if the amount of marihuana 1-8 possessed is two ounces or less, except as provided by Subdivision 1-9 (3); 1-10 (2) a Class A misdemeanor if the amount of marihuana 1-11 possessed is four ounces or less but more than two ounces, except 1-12 as provided by Subdivision (3); 1-13 (3) a state jail felony if the amount of marihuana 1-14 possessed is: 1-15 (A) five pounds or less but more than four 1-16 ounces; or 1-17 (B) four ounces or less, if it is shown on the 1-18 trial of the offense that the person has been previously convicted 1-19 two or more times of an offense under this section, Section 1-20 481.120, or Section 481.122 or any combination of those offenses; 1-21 (4) a felony of the third degree if the amount of 1-22 marihuana possessed is 50 pounds or less but more than 5 pounds; 1-23 (5) a felony of the second degree if the amount of 1-24 marihuana possessed is 2,000 pounds or less but more than 50 2-1 pounds; and 2-2 (6) punishable by imprisonment in the institutional 2-3 division of the Texas Department of Criminal Justice for life or 2-4 for a term of not more than 99 years or less than 5 years, and a 2-5 fine not to exceed $50,000, if the amount of marihuana possessed is 2-6 more than 2,000 pounds. 2-7 SECTION 2. The change in law made by this Act applies only 2-8 to an offense committed on or after the effective date of this Act. 2-9 An offense committed before the effective date of this Act is 2-10 covered by the law in effect when the offense was committed, and 2-11 the former law is continued in effect for that purpose. For 2-12 purposes of this section, an offense was committed before the 2-13 effective date of this Act if any element of the offense occurred 2-14 before that date. 2-15 SECTION 3. This Act takes effect September 1, 1999. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.