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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of the weight of marihuana and other |
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tetrahydrocannabinols for the purpose of the prosecution and |
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punishment of the offense of possession of those substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.116, Health and Safety Code, is |
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amended by amending Subsections (b), (c), (d), and (e) and adding |
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Subsections (f) and (g) to read as follows: |
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(b) An offense under Subsection (a) is a state jail felony |
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if the amount of the controlled substance possessed is[, by
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aggregate weight, including adulterants or dilutants,] less than |
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one gram. |
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(c) An offense under Subsection (a) is a felony of the third |
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degree if the amount of the controlled substance possessed is[, by
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aggregate weight, including adulterants or dilutants,] one gram or |
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more but less than four grams. |
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(d) An offense under Subsection (a) is a felony of the |
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second degree if the amount of the controlled substance possessed |
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is[, by aggregate weight, including adulterants or dilutants,] four |
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grams or more but less than 400 grams. |
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(e) An offense under Subsection (a) is punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for a term of not more than 99 years or less than five years, and |
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a fine not to exceed $50,000, if the amount of the controlled |
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substance possessed is[, by aggregate weight, including
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adulterants or dilutants,] 400 grams or more. |
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(f) For purposes of the prosecution of an offense under this |
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section, the amount of the controlled substance possessed: |
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(1) for a tetrahydrocannabinol other than marihuana, |
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is the weight of the controlled substance, excluding adulterants or |
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dilutants; and |
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(2) for any other substance listed in Penalty Group 2, |
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is the aggregate weight of the substance, including adulterants or |
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dilutants. |
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(g) The director shall adopt rules for determining the |
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amount of tetrahydrocannabinol other than marihuana in a product |
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that contains a combination of a tetrahydrocannabinol other than |
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marihuana and adulterants or dilutants. |
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SECTION 2. Section 481.121, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) For purposes of the prosecution of an offense under this |
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section, the amount of marihuana possessed is the weight of the |
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marihuana, excluding adulterants or dilutants. |
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(d) The director shall adopt rules for determining the |
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amount of marihuana in a product that contains a combination of |
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marihuana and adulterants or dilutants. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section: |
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(1) the changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act; and |
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(2) an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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(b) In a criminal action pending on or commenced on or after |
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the effective date of this Act, for an offense committed before the |
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effective date, the defendant, if adjudged guilty, shall be |
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assessed punishment under Section 481.116 or 481.121, Health and |
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Safety Code, as amended by this Act, as applicable, if the defendant |
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so elects by written motion filed with the trial court before the |
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sentencing hearing begins. |
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(c) For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |