TO:	Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB2165 by Simpson (relating to repealing marihuana offenses; prohibiting the sale or distribution of marihuana to a minor; creating criminal offenses.), Committee Report 1st House, Substituted

The provisions of the bill addressing felony sanctions for adult offenders are the subject of this analysis.  The bill would amend the Health and Safety Code to legalize the possession and delivery of marihuana. The possession and distribution of marihuana is punishable at all felony levels, depending upon the circumstances.

A first degree felony is punishable by confinement in prison for life or five to 99 years, a second degree felony for two to 20 years, a third degree felony for two to ten years, and a state jail felony is punishable by confinement in a state jail for 180 days to two years. In addition to confinement certain felony level offenses are subject to an optional fine not to exceed $10,000.

Reducing the circumstances for which a criminal penalty is applied is expected to decrease demands on state and/or county correctional agency resources due to fewer people under community supervision and in state correctional institutions.  In fiscal year 2014, 6,835 people were arrested, 1,551 were placed under felony community supervision, and 1,327 were admitted into state correctional institutions for felony possession or distribution of marihuana.  Assuming sentencing patterns and policies not addressed in the bill remain constant, the probable impact on adult correctional populations of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: