|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the penalty for possession of certain small amounts of |
|
Penalty Group 1 controlled substances. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 481.115, Health and Safety Code, is |
|
amended by adding Subsection (a-1) and amending Subsection (b) to |
|
read as follows: |
|
(a-1) An offense under Subsection (a) is a Class C |
|
misdemeanor if the amount of the controlled substance possessed is, |
|
by aggregate weight, including adulterants or dilutants: |
|
(1) 0.02 gram or less; or |
|
(2) less than an amount sufficient to conduct a |
|
second, confirmatory test of the substance to verify the accuracy |
|
of the results of the initial test identifying the substance. |
|
(b) An offense under Subsection (a) is a state jail felony |
|
if the amount of the controlled substance possessed is, by |
|
aggregate weight, including adulterants or dilutants, a usable |
|
quantity that is more than 0.02 gram but less than one gram. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense was |
|
committed before that date. |
|
SECTION 3. This Act takes effect September 1, 2013. |