The bill would amend the Code of Criminal Procedure and the Health and Safety Code as they relate to the penalties for the production or delivery of marihuana plants. Under the provisions of the bill, production or delivery of marihuana plants would be punishable at various felony levels with the severity increasing based on the number of marihuana plants a person produces, possesses, or possesses with the intent to deliver. The bill would also add production or delivery of a marihuana plant to the list of offenses for which a judge may impose upfront state jail time as a condition of community supervision. The bill would also add production or delivery of a marihuana plant to the list of offenses for the punishment to be enhanced if it occurs within a drug free zone or if a child was used in the commission of the offense.
 
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 first-degree felony 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.
 
Creating a new offense is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. For this analysis, it is assumed the number of offenders convicted under the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. It is expected that individuals who would be affected by the provisions of this bill are currently being sentenced for other offenses.