Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB414 by Dutton (Relating to the penalties for possession of one ounce or less of marihuana or a synthetic cannabinoid.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code to reclassify an offense of possession of marihuana or a synthetic cannabinoid from a Class B misdemeanor to a Class C misdemeanor if the aggregate weight of the substance is one ounce or less.
If the defendant had been previously convicted three or more times for possession of marihuana or a synthetic cannabinoid in the 24-month period preceding committing the current offense, the offense would remain a Class B misdemeanor and the defendant would not be ineligible for community supervision under Article 42.12, Code of Criminal Procedure.
Local Government Impact
A Class C misdemeanor is punishable by a fine of not more than $500. Offenders with an aggregate weight of marihuana or a synthetic cannabinoid of one ounce or less would pay fees rather than spend time in county jails, creating a savings to counties.
Savings to counties would vary depending on the number of future cases, number of repeat offenders, and total weight of the controlled substance in each case.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 537 State Health Services, Department of