TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB715 by Dutton (Relating to the penalty for possession of one ounce or less of marijuana.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2004 | $0 |
2005 | $0 |
2006 | $0 |
2007 | $0 |
2008 | $0 |
Fiscal Year | Probable Revenue (Loss) fromSTATE HIGHWAY FUND 6 |
---|---|
2004 | ($164,038,515) |
2005 | ($164,038,515) |
2006 | ($164,038,515) |
2007 | ($164,038,515) |
2008 | ($164,038,515) |
The bill would amend the Health and Safety Code by making the possession of one ounce or less of marihuana punishable as a Class C misdemeanor. Under current law the possession of marihuana is punishable as a Class B misdemeanor if the amount of marihuana possessed is two ounces or less. The bill would also state that a person’s driver’s license may not be suspended and is not automatically suspended on final conviction of an offense for which the amount of marihuana possess is one ounce or less.
The bill would apply to offenses committed after September 1, 2003.
In 1990, the federal government adopted 23 USC 159, regarding the revocation or suspension of a driver license of individuals convicted of drug offenses. The law requires states to implement a suspension of 180 days for drug offenses. Under the federal law, drug offense means the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance, the possession of which is prohibited under the Controlled Substance Act. The possession of marihuana is prohibited under the federal Controlled Substance Act and is classified as a Schedule I substance.
The federal provisions allow for the withholding of federal highway funds for states that do not implement driver license suspensions in connection with drug offenses. As of 1996, the statute allows for 10% of certain funds apportioned under the Transportation Equity Act to be withheld. The state must provide a certification that it is enforcing the provisions of this statute. According to information received from the Department of Transportation (TxDOT), Texas received approximately $2.2 billion dollars in federal highway funds this year. If passed, TxDOT estimates that Texas could lose approximately $164 million dollars in future highway funds.
A Class C misdemeanor is punishable by a fine not to exceed $500. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement. By lowering the punishment level for the possession of one ounce or less of marihuana from a Class B misdemeanor to a Class C misdemeanor, local governments would experience reduction in revenue from fines related to this offense. Offsetting the potential reduction in fine collections, however, is the potential for savings from reduced county jail populations, since incarceration of persons committing Class C misdemeanors is not permitted. The fiscal impact would vary based on the number of these offenses that are committed in each municipality or county.
Source Agencies: | 405 Department of Public Safety, 601 Department of Transportation, 696 Department of Criminal Justice
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LBB Staff: | JK, JO, WK, RT, GG, DE
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