The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Health and Safety Code to provide an affirmative defense to prosecution for the offense of marihuana possession in certain circumstances related to medical use of marihuana. The bill would also prohibit law enforcement from initiating criminal investigations into physicians solely based on their provision of certain information to patients related to the use or benefits of marihuana as a treatment. Possession of marihuana is punishable at various misdemeanor and felony levels, depending on the amount possessed.

A first degree felony is punishable by confinement in prison 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 offenses are also subject to an optional fine not to exceed $10,000.

Providing a defense to prosecution for any offense is expected to result in fewer demands on the correctional resources of the counties or of the State, due to fewer individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 17,786 individuals were arrested, 1,055 were placed under felony community supervision, and 724 were admitted into state correctional institutions for the offense of marihuana possession punishable as a felony. Statewide data do not exist to indicate which of these individuals would meet the prosecution defense criteria included in the bill. However, this analysis assumes the bill's provisions would not result in a significant reduction in the demand for state correctional resources.