The bill would amend the Health and Safety Code as it relates to the penalty for possession of certain small amounts of controlled substances in Penalty Group 1. Under the provisions of the bill, possession of a usable quantity of controlled substance in Penalty Group 1 (includes but is not limited to opiates and opium derivatives, cocaine, and methamphetamines) that is more than 0.02 grams but less than one gram would be a state jail felony. Under current law, possession of less than one gram of a Penalty Group 1 substance is a state jail felony.

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).

Narrowing the range of amounts possessed for which a criminal penalty is applied is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation, or shorter terms of confinement in county jail, state jail, or prison. Whether the bill would result in a significant amount of savings to the state is indeterminate due to a lack of statewide data on the exact amount of a Penalty Group 1 substance possessed by those convicted of possession of less than one gram. In fiscal year 2012, 25,074 people were arrested, 9,266 people were placed on felony community supervision, and 8,026 people were admitted to the correctional institutions division for possession of less than one gram of a controlled substance in Penalty Group 1.  At present data do not exist that would enable the identification of those cases in which the amount of Penalty Group 1 substance possessed was 0.02 grams or less from all other possession of a Penalty Group 1 controlled substances cases.