The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Health and Safety Code as it relates to the designation of certain synthetic cannabinoids as controlled substances and controlled substance analogues under the Texas Controlled Substances Act. Under the provisions of the bill, the Texas Controlled Substances act would be updated to include certain synthetic cannabinoids.
 
The manufacture, delivery, or possession with intent to deliver, of a substance in Penalty Group 2-A 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-A is punishable at various misdemeanor and felony levels, with the level of punishment increasing in severity based on the amount by weight of the substance possessed.
 
Expanding the list of substances for which possession is a criminal 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, or state correctional institutions. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.