Honorable Four Price, Chair, House Committee on Public Health
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2107 by Lucio III (Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and testing facilities; authorizing fees.), As Introduced
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend various sections of the Health and Safety Code and Occupations Code to create exemptions from criminal liability for conduct involving medical use of cannabis and to expand the allowable uses and recommendations of medical cannabis. Marihuana-related offenses are punishable at various misdemeanor and felony levels, depending on the amount manufactured, delivered, or possessed.
A first degree felony is punishable by confinement in prison for life or for a term from 5 to 99 years; a second degree felony for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offense are also subject to an optional fine not to exceed $10,000.
Expanding the list of individuals exempted from arrest, prosecution, or penalty for certain conduct is expected to result in a decrease in the demand for the correctional resources of counties or of the State due to a potential decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 9,729 individuals were arrested, 1,538 were placed under felony community supervision, and 970 were admitted into state correctional institutions for manufacture, delivery, or possession of marihuana punishable as a felony under existing statute. Although data do not exist that would allow cases in which an individual met the requirements outlined in the bill to be isolated from all other cases in which marihuana was manufactured, delivered, or possessed, this analysis assumes the bill would not result in a significant impact on the demand for state correctional resources. This analysis is due to the bill's requirements and the creation of a registry for qualifying patients, caregivers, physicians, dispensary managers, dispensary employees, and certain other information.