86R1595 LHC-D

By: Canales H.B. No. 186

A BILL TO BE ENTITLED

AN ACT

relating to the determination of the weight of marihuana and other tetrahydrocannabinols for the purpose of the prosecution and punishment of the offense of possession of those substances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.116, Health and Safety Code, is amended by amending Subsections (b), (c), (d), and (e) and adding Subsections (f) and (g) to read as follows:

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is[, by aggregate weight, including adulterants or dilutants,] less than one gram.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is[, by aggregate weight, including adulterants or dilutants,] one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is[, by aggregate weight, including adulterants or dilutants,] four grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is[, by aggregate weight, including adulterants or dilutants,] 400 grams or more.

(f) For purposes of the prosecution of an offense under this section, the amount of the controlled substance possessed:

(1) for a tetrahydrocannabinol other than marihuana, is the weight of the controlled substance, excluding adulterants or dilutants; and

(2) for any other substance listed in Penalty Group 2, is the aggregate weight of the substance, including adulterants or dilutants.

(g) The director shall adopt rules for determining the amount of tetrahydrocannabinol other than marihuana in a product that contains a combination of a tetrahydrocannabinol other than marihuana and adulterants or dilutants.

SECTION 2. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) For purposes of the prosecution of an offense under this section, the amount of marihuana possessed is the weight of the marihuana, excluding adulterants or dilutants.

(d) The director shall adopt rules for determining the amount of marihuana in a product that contains a combination of marihuana and adulterants or dilutants.

SECTION 3. (a) Except as provided by Subsection (b) of this section:

(1) the changes in law made by this Act apply only to an offense committed on or after the effective date of this Act; and

(2) an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.

(b) In a criminal action pending on or commenced on or after the effective date of this Act, for an offense committed before the effective date, the defendant, if adjudged guilty, shall be assessed punishment under Section 481.116 or 481.121, Health and Safety Code, as amended by this Act, as applicable, if the defendant so elects by written motion filed with the trial court before the sentencing hearing begins.

(c) For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2019.