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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing criminal penalties for possession of |
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marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class B misdemeanor if the amount of marihuana |
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possessed is four [two] ounces or less but more than two ounces; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is five pounds [four ounces] or less but more than four |
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[two] ounces; |
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(3) a state jail felony if the amount of marihuana |
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possessed is 50 [five] pounds or less but more than 5 pounds [four
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ounces]; |
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(4) a felony of the third degree if the amount of |
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marihuana possessed is 2,000 [50] pounds or less but more than 50 |
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[5] pounds; and |
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(5) a felony of the second degree if the amount of |
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marihuana possessed is [2,000 pounds or less but more than 50
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pounds; and
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[(6)
punishable by imprisonment in the Texas
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Department of Criminal Justice for life or for a term of not more
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than 99 years or less than 5 years, and a fine not to exceed $50,000,
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if the amount of marihuana possessed is] more than 2,000 pounds. |
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SECTION 2. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) It is an affirmative defense to prosecution under |
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Subsection (a) that the person possessed or used the drug |
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paraphernalia solely in conjunction with the possession or use of |
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two ounces or less of marihuana. |
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SECTION 3. Section 481.134(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
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or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
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481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
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(5), or (6), or 481.121(b)(4) or[,] (5)[, or (6)] is increased by |
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five years and the maximum fine for the offense is doubled if it is |
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shown on the trial of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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SECTION 4. Article 42A.551(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) Subsection (a) does not apply to a defendant who: |
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(1) under Section 481.1151(b)(1), Health and Safety |
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Code, possessed more than five abuse units of the controlled |
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substance; or |
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(2) under Section 481.1161(b)(3), Health and Safety |
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Code, possessed more than one pound, by aggregate weight, including |
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adulterants or dilutants, of the controlled substance[; or
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[(3)
under Section 481.121(b)(3), Health and Safety
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Code, possessed more than one pound of marihuana]. |
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SECTION 5. The amendments of Sections 481.121, 481.125, and |
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481.134, Health and Safety Code, by this Act apply to an offense |
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committed under Section 481.121 or 481.125, Health and Safety Code, |
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or an offense committed under Section 481.121 and punishable under |
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Section 481.134, Health and Safety Code, before, on, or after |
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September 1, 2019, except that a final conviction for an offense |
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that exists on September 1, 2019, is unaffected by this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |