| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the criminal and licensing consequences of certain |
|
|
criminal offenses involving the possession or delivery of marihuana |
|
|
and cannabis concentrate or possession of drug paraphernalia; |
|
|
imposing a fee; authorizing a fine. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 481.002, Health and Safety Code, is |
|
|
amended by amending Subdivision (26) and adding Subdivision (57) to |
|
|
read as follows: |
|
|
(26) "Marihuana" means any part of a [the] plant of the |
|
|
genus Cannabis [Cannabis sativa L.], whether growing or not, with a |
|
|
concentration of delta-9 tetrahydrocannabinol of one percent or |
|
|
more by weight and: |
|
|
(A) includes: |
|
|
(i) the seeds of that plant; and |
|
|
(ii) cannabis concentrate;[,] and |
|
|
(B) [every compound, manufacture, salt, |
|
|
derivative, mixture, or preparation of that plant or its seeds. The |
|
|
term] does not include: |
|
|
(i) any material excluded from the federal |
|
|
Controlled Substances Act definition of marihuana under 21 U.S.C. |
|
|
Section 802(16)(B); |
|
|
(ii) cannabis plant material and products |
|
|
that contain tetrahydrocannabinol and are exempted from the federal |
|
|
Controlled Substances Act under 21 C.F.R. Section 1308.35; |
|
|
(iii) [(A) the resin extracted from a part |
|
|
of the plant or a compound, manufacture, salt, derivative, mixture, |
|
|
or preparation of the resin; |
|
|
[(B) the mature stalks of the plant or fiber |
|
|
produced from the stalks; |
|
|
[(C) oil or cake made from the seeds of the plant; |
|
|
[(D) a compound, manufacture, salt, derivative, |
|
|
mixture, or preparation of the mature stalks, fiber, oil, or cake; |
|
|
[(E) the sterilized seeds of the plant that are |
|
|
incapable of beginning germination; or |
|
|
[(F)] hemp, as that term is defined by Section |
|
|
121.001, Agriculture Code; |
|
|
(iv) a nonconsumable hemp product, as that |
|
|
term is defined by Section 122.001, Agriculture Code; or |
|
|
(v) a consumable hemp product, as that term |
|
|
is defined by Section 443.001. |
|
|
(57) "Cannabis concentrate" means the processed forms |
|
|
of a plant of the genus Cannabis containing five milligrams or more |
|
|
of delta-9 tetrahydrocannabinol, including: |
|
|
(A) the resin extracted from the plant; and |
|
|
(B) compounds, manufactures, salts, derivatives, |
|
|
decarboxylates, mixtures, or preparations of the plant or the resin |
|
|
extracted from the plant. |
|
|
SECTION 2. Section 481.103, Health and Safety Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) Penalty Group 2 does not include: |
|
|
(1) any material excluded from the definition of |
|
|
marihuana by Section 481.002(26)(B); |
|
|
(2) a plant of the Cannabis genus with a delta-9 |
|
|
tetrahydrocannabinol concentration of less than one percent by |
|
|
weight; or |
|
|
(3) a processed form of a plant of the genus Cannabis |
|
|
containing less than five milligrams of delta-9 |
|
|
tetrahydrocannabinol. |
|
|
SECTION 3. Section 481.111(e), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(e) Sections 481.113, 481.116, 481.120, 481.121, 481.122, |
|
|
and 481.125 do not apply to a person who engages in the acquisition, |
|
|
possession, production, cultivation, delivery, or disposal of a raw |
|
|
material used in or by-product created by the production or |
|
|
cultivation of low-THC cannabis if the person: |
|
|
(1) for an offense involving possession only of |
|
|
marihuana or drug paraphernalia, is a patient for whom low-THC |
|
|
cannabis is prescribed under Chapter 169, Occupations Code, or the |
|
|
patient's legal guardian, and the person possesses low-THC cannabis |
|
|
obtained under a valid prescription from a dispensing organization; |
|
|
or |
|
|
(2) is a director, manager, or employee of a |
|
|
dispensing organization and the person, solely in performing the |
|
|
person's regular duties at the organization, acquires, possesses, |
|
|
produces, cultivates, dispenses, or disposes of: |
|
|
(A) in reasonable quantities, any low-THC |
|
|
cannabis or raw materials used in or by-products created by the |
|
|
production or cultivation of low-THC cannabis; or |
|
|
(B) any drug paraphernalia used in the |
|
|
acquisition, possession, production, cultivation, delivery, or |
|
|
disposal of low-THC cannabis. |
|
|
SECTION 4. Section 481.120(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) An offense under Subsection (a) is: |
|
|
(1) a Class B misdemeanor if: |
|
|
(A) the person committing the offense does not |
|
|
receive remuneration for the marihuana; and |
|
|
(B) the amount [of marihuana] delivered is: |
|
|
(i) one-fourth ounce or less of marihuana |
|
|
other than cannabis concentrate [and the person committing the |
|
|
offense does not receive remuneration for the marihuana]; or |
|
|
(ii) cannabis concentrate containing 70 |
|
|
milligrams or less of delta-9 tetrahydrocannabinol; |
|
|
(2) except as provided by Subdivision (1), a Class A |
|
|
misdemeanor if the amount [of marihuana] delivered is: |
|
|
(A) two ounces [one-fourth ounce] or less of |
|
|
marihuana other than cannabis concentrate [and the person |
|
|
committing the offense receives remuneration for the marihuana]; or |
|
|
(B) cannabis concentrate containing 560 |
|
|
milligrams or less of delta-9 tetrahydrocannabinol; |
|
|
(3) a state jail felony if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate delivered is 2.5 [five] pounds or less but more than two |
|
|
ounces [one-fourth ounce]; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate delivered is 11 grams or less but more than |
|
|
560 milligrams; |
|
|
(4) a felony of the third [second] degree if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate delivered is 25 [50] pounds or less but more than 2.5 |
|
|
[five] pounds; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate delivered is 110 grams or less but more than |
|
|
11 grams; |
|
|
(5) a felony of the second [first] degree if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate delivered is 1,000 [2,000] pounds or less but more than |
|
|
25 [50] pounds; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate delivered is 4.5 kilograms or less but more |
|
|
than 110 grams; and |
|
|
(6) a felony of the first degree [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 10 years, and a |
|
|
fine not to exceed $100,000,] if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate delivered is more than 1,000 [2,000] pounds; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate delivered is more than 4.5 kilograms. |
|
|
SECTION 5. Section 481.121(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) An offense under Subsection (a) is: |
|
|
(1) a Class C misdemeanor if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is one ounce or less; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 280 milligrams or less; |
|
|
(1-a) a Class B misdemeanor if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is two ounces or less but more than one ounce; |
|
|
or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 560 milligrams or less but |
|
|
more than 280 milligrams; |
|
|
(2) a Class A misdemeanor if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is four ounces or less but more than two |
|
|
ounces; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 1.1 grams or less but more than |
|
|
560 milligrams; |
|
|
(3) a state jail felony if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is five pounds or less but more than four |
|
|
ounces; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 22 grams or less but more than |
|
|
1.1 grams; |
|
|
(4) a felony of the third degree if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is 50 pounds or less but more than 5 pounds; |
|
|
or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 220 grams or less but more than |
|
|
22 grams; |
|
|
(5) a felony of the second degree if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is 2,000 pounds or less but more than 50 |
|
|
pounds; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is 9 kilograms or less but more |
|
|
than 220 grams; and |
|
|
(6) a felony of the first degree [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 5 years, and a |
|
|
fine not to exceed $50,000,] if: |
|
|
(A) the amount of marihuana other than cannabis |
|
|
concentrate possessed is more than 2,000 pounds; or |
|
|
(B) the amount of delta-9 tetrahydrocannabinol |
|
|
in cannabis concentrate possessed is more than 9 kilograms. |
|
|
SECTION 6. Section 481.122(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) It is an affirmative defense to prosecution under this |
|
|
section that: |
|
|
(1) the actor was a child when the offense was |
|
|
committed; or |
|
|
(2) the actor: |
|
|
(A) was younger than 21 years of age when the |
|
|
offense was committed; |
|
|
(B) delivered only marihuana in an amount equal |
|
|
to or less than: |
|
|
(i) one-fourth ounce of marihuana other |
|
|
than cannabis concentrate; or |
|
|
(ii) cannabis concentrate containing 70 |
|
|
milligrams of delta-9 tetrahydrocannabinol; and |
|
|
(C) did not receive remuneration for the |
|
|
delivery. |
|
|
SECTION 7. Section 481.134(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) An offense otherwise punishable under Section |
|
|
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1-a) |
|
|
[481.121(b)(1)] is a Class A misdemeanor if it is shown on the trial |
|
|
of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; or |
|
|
(2) on a school bus. |
|
|
SECTION 8. Article 14.06(d), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(d) Subsection (c) applies only to a person charged with |
|
|
committing an offense under: |
|
|
(1) Section 481.121, Health and Safety Code, if the |
|
|
offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of |
|
|
that section; |
|
|
(1-a) Section 481.1161, Health and Safety Code, if the |
|
|
offense is punishable under Subsection (b)(1) or (2) of that |
|
|
section; |
|
|
(2) Section 28.03, Penal Code, if the offense is |
|
|
punishable under Subsection (b)(2) of that section; |
|
|
(3) Section 28.08, Penal Code, if the offense is |
|
|
punishable under Subsection (b)(2) or (3) of that section; |
|
|
(4) Section 31.03, Penal Code, if the offense is |
|
|
punishable under Subsection (e)(2)(A) of that section; |
|
|
(5) Section 31.04, Penal Code, if the offense is |
|
|
punishable under Subsection (e)(2) of that section; |
|
|
(6) Section 38.114, Penal Code, if the offense is |
|
|
punishable as a Class B misdemeanor; or |
|
|
(7) Section 521.457, Transportation Code. |
|
|
SECTION 9. Article 42A.551(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(c) Subsection (a) does not apply to a defendant who: |
|
|
(1) under Section 481.1151(b)(1), Health and Safety |
|
|
Code, possessed more than five abuse units of the controlled |
|
|
substance; |
|
|
(2) under Section 481.1161(b)(3), Health and Safety |
|
|
Code, possessed more than one pound, by aggregate weight, including |
|
|
adulterants or dilutants, of the controlled substance; or |
|
|
(3) under Section 481.121(b)(3), Health and Safety |
|
|
Code, possessed: |
|
|
(A) more than one pound of marihuana other than |
|
|
cannabis concentrate; or |
|
|
(B) cannabis concentrate with more than 4.5 grams |
|
|
of delta-9 tetrahydrocannabinol. |
|
|
SECTION 10. Subchapter B, Chapter 45, Code of Criminal |
|
|
Procedure, is amended by adding Article 45.02161 to read as |
|
|
follows: |
|
|
Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This |
|
|
article applies only to a person charged with an offense under |
|
|
Section 481.121(b)(1) or 481.125(a), Health and Safety Code. |
|
|
(b) Records of a person relating to a complaint may be |
|
|
expunged under this article if: |
|
|
(1) the complaint was dismissed under Article 45.051 |
|
|
or 45.052 or other law and: |
|
|
(A) at least 180 days have elapsed from the date |
|
|
of the dismissal; or |
|
|
(B) at least one year has elapsed from the date of |
|
|
the citation; or |
|
|
(2) the person was acquitted of the offense. |
|
|
(c) A court that dismisses a complaint to which this article |
|
|
applies shall provide written notice to the person of the person's |
|
|
right to expunction under this article as soon as practicable after |
|
|
the date the person becomes eligible for expunction. |
|
|
(d) The person must make a written request to have the |
|
|
records expunged. The request must be under oath. |
|
|
(e) The court shall order all complaints, verdicts, |
|
|
sentences, and prosecutorial and law enforcement records and any |
|
|
other documents relating to the offense expunged from the person's |
|
|
record if the court finds that the person satisfies the |
|
|
requirements of this article. |
|
|
(f) The justice or municipal court shall require a person |
|
|
who requests expungement under this article to pay a fee in the |
|
|
amount of $30 to defray the cost of notifying state agencies of |
|
|
orders of expungement under this article. |
|
|
(g) The procedures for expunction provided under this |
|
|
article are separate and distinct from the expunction procedures |
|
|
under Chapter 55. |
|
|
SECTION 11. Article 45.051, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (a-2) to read as follows: |
|
|
(a-2) Unless the defendant has previously received a |
|
|
deferral of disposition for an offense under Section 481.121(b)(1) |
|
|
or 481.125(a), Health and Safety Code, committed within the |
|
|
12-month period preceding the date of the commission of the instant |
|
|
offense, on plea of guilty or nolo contendere for either offense, |
|
|
the judge shall defer further proceedings without entering an |
|
|
adjudication of guilt and place the defendant on probation under |
|
|
the provisions of this article. |
|
|
SECTION 12. Subchapter A, Chapter 102, Code of Criminal |
|
|
Procedure, is amended by adding Article 102.0179 to read as |
|
|
follows: |
|
|
Art. 102.0179. FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED |
|
|
SUBSTANCES ACT CONVICTIONS: MOBILITY FUND. (a) In addition to any |
|
|
other fees and fines imposed under this subchapter, a defendant |
|
|
convicted of an offense described by Section 521.372(a), |
|
|
Transportation Code, punishable by fine only shall pay a fine in an |
|
|
amount that is equivalent to the sum of all fees applicable to a |
|
|
suspension and reinstatement of a driver's license under Chapter |
|
|
521, Transportation Code. The Department of Public Safety shall |
|
|
annually calculate and make available the amount of the fine |
|
|
described by this subsection. |
|
|
(b) The court shall waive imposition of a fine under this |
|
|
article if the defendant's driver's license is suspended under |
|
|
Chapter 521, Transportation Code, as a result of the conviction of |
|
|
another offense arising from the same criminal episode. |
|
|
(c) The court shall collect the fine under this article in |
|
|
the same manner as court costs are collected in the case. |
|
|
(d) A fine collected under this article shall be deposited |
|
|
to the credit of the Texas mobility fund. |
|
|
SECTION 13. Section 411.0728(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) This section applies only to a person: |
|
|
(1) who is convicted of or placed on deferred |
|
|
adjudication community supervision for an offense under: |
|
|
(A) Section 481.120, Health and Safety Code, if |
|
|
the offense is punishable under Subsection (b)(1); |
|
|
(B) Section 481.121, Health and Safety Code, if |
|
|
the offense is punishable under Subsection (b)(1-a) [(b)(1)]; |
|
|
(C) Section 31.03, Penal Code, if the offense is |
|
|
punishable under Subsection (e)(1) or (2); or |
|
|
(D) Section 43.02, Penal Code; and |
|
|
(2) who, if requested by the applicable law |
|
|
enforcement agency or prosecuting attorney to provide assistance in |
|
|
the investigation or prosecution of an offense under Section |
|
|
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
|
|
containing elements that are substantially similar to the elements |
|
|
of an offense under any of those sections: |
|
|
(A) provided assistance in the investigation or |
|
|
prosecution of the offense; or |
|
|
(B) did not provide assistance in the |
|
|
investigation or prosecution of the offense due to the person's age |
|
|
or a physical or mental disability resulting from being a victim of |
|
|
an offense described by this subdivision. |
|
|
SECTION 14. Section 521.372, Transportation Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) This section does not apply to a drug offense punishable |
|
|
by fine only under the laws of this state. |
|
|
SECTION 15. The changes in law made by this Act apply only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
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. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
SECTION 16. (a) Except as otherwise provided by this |
|
|
section, this Act takes effect September 1, 2021. |
|
|
(b) Article 102.0179, Code of Criminal Procedure, and |
|
|
Section 521.372(d), Transportation Code, as added by this Act, take |
|
|
effect on the 91st day after the date the office of the attorney |
|
|
general publishes in the Texas Register a finding that: |
|
|
(1) the legislature of this state has adopted a |
|
|
resolution expressing the legislature's opposition to a law meeting |
|
|
the requirements of 23 U.S.C. Section 159 in suspending, revoking, |
|
|
or denying the driver's license of a person convicted of a drug |
|
|
offense punishable by fine only for a period of six months; |
|
|
(2) the governor of this state has submitted to the |
|
|
United States secretary of transportation: |
|
|
(A) a written certification of the governor's |
|
|
opposition to the enactment or enforcement of a law required under |
|
|
23 U.S.C. Section 159 as that law relates to offenses punishable by |
|
|
fine only; and |
|
|
(B) a written certification that the legislature |
|
|
has adopted the resolution described by Subdivision (1) of this |
|
|
subsection; and |
|
|
(3) the United States secretary of transportation has |
|
|
responded to the governor's submission and certified that highway |
|
|
funds will not be withheld from this state in response to the |
|
|
partial repeal of the law required under 23 U.S.C. Section 159. |