TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S O'Brien, Director, Legislative Budget Board |
IN RE: | HB1011 by Bonnen (Relating to the addition of certain synthetic derivatives of marihuana and Saliva divinorum and its derivatives and extracts to the Texas Controlled Substances Act.), As Introduced |
The bill would amend the Health and Safety Code by adding the synthetic derivatives of marihuana known as HU-210, JWH-073, and JWH-018 in any quantity, its salts, isomers, and salts of isomers to Penalty Group 2 of the Texas Controlled Substances Act. The bill would also add Saliva divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substances Act. The manufacture, delivery, or possession of these substances is not currently punishable at the state level.
The manufacture, delivery, or possession with intent to deliver, of a substance in Penalty Group 2 or Penalty Group 3 is punishable at various felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance manufactured, delivered, or possessed with intent to deliver. The possession of a substance in Penalty Group 2 or Penalty Group 3 is punishable at various levels, misdemeanor and felony, with the level of punishment increasing in severity based on the amount by weight of the substance possessed.
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.
Source Agencies: |
LBB Staff: | JOB, GG, ADM
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