|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the criminal and licensing consequences of certain |
|
marihuana possession, drug paraphernalia possession, and |
|
tetrahydrocannabinol possession offenses; imposing a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. 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 the amount of marihuana |
|
possessed is one ounce or less; |
|
(1-a) a Class B misdemeanor if the amount of marihuana |
|
possessed is two ounces or less but more than one ounce; |
|
(2) a Class A misdemeanor if the amount of marihuana |
|
possessed is four ounces or less but more than two ounces; |
|
(3) a state jail felony if the amount of marihuana |
|
possessed is five pounds or less but more than four ounces; |
|
(4) a felony of the third degree if the amount of |
|
marihuana possessed is 50 pounds or less but more than 5 pounds; |
|
(5) a felony of the second degree if the amount of |
|
marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
|
and |
|
(6) 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 the amount |
|
of marihuana possessed is more than 2,000 pounds. |
|
SECTION 2. Article 14.06, Code of Criminal Procedure, is |
|
amended by adding Subsections (b-1) and (b-2) and amending |
|
Subsection (d) to read as follows: |
|
(b-1) A peace officer who is charging a person with |
|
committing an offense under Section 481.1161(b)(1), 481.121(b)(1), |
|
or 481.125(a), Health and Safety Code, may not arrest the person and |
|
shall issue the person a citation as provided by Subsection (b). |
|
(b-2) Subsection (b-1) does not apply to an officer making |
|
an arrest for an offense other than an offense under Section |
|
481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety |
|
Code. |
|
(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-a) [(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 3. 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 481.1161(b)(1), 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) The person must make a written request to have the |
|
records expunged. The request must be under oath. |
|
(d) 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. |
|
(e) 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. |
|
(f) The procedures for expunction provided under this |
|
article are separate and distinct from the expunction procedures |
|
under Chapter 55. |
|
SECTION 4. Article 45.051, Code of Criminal Procedure, is |
|
amended by adding Subsections (a-2) and (e-1) to read as follows: |
|
(a-2) Unless the defendant has previously received a |
|
deferral of disposition for an offense under Section |
|
481.1161(b)(1), 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. |
|
(e-1) A court that dismisses a complaint under this article |
|
for a person charged with an offense under Section 481.1161(b)(1), |
|
481.121(b)(1), or 481.125(a), Health and Safety Code, shall notify |
|
the defendant in writing of the person's expunction rights under |
|
Article 45.02161 and provide the person with a copy of that article. |
|
The dismissed complaint is not a conviction and may not be used |
|
against the person for any purpose. |
|
SECTION 5. 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); |
|
(A-1) Section 481.1161, 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 6. Section 521.371(3), Transportation Code, is |
|
amended to read as follows: |
|
(3) "Drug offense" has the meaning assigned under 23 |
|
U.S.C. Section 159(c) and includes an offense under Section 49.04, |
|
49.07, or 49.08, Penal Code, that is committed as a result of the |
|
introduction into the body of any substance the possession of which |
|
is prohibited under the Controlled Substances Act. The term does |
|
not include an offense punishable by fine only under the laws of |
|
this state. |
|
SECTION 7. Sections 481.002(5) and (6), Health and Safety |
|
Code, are amended to read as follows: |
|
(5) "Controlled substance" means a substance, |
|
including a drug, an adulterant, and a dilutant, listed in |
|
Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 2-B, 3, or 4. |
|
The term includes the aggregate weight of any mixture, solution, or |
|
other substance containing a controlled substance. The term does |
|
not include hemp, as defined by Section 121.001, Agriculture Code, |
|
or the tetrahydrocannabinols in hemp. |
|
(6) "Controlled substance analogue" means: |
|
(A) a substance with a chemical structure |
|
substantially similar to the chemical structure of a controlled |
|
substance in Schedule I or II or Penalty Group 1, 1-A, 2, [or] 2-A, |
|
or 2-B; or |
|
(B) a substance specifically designed to produce |
|
an effect substantially similar to, or greater than, the effect of a |
|
controlled substance in Schedule I or II or Penalty Group 1, 1-A, 2, |
|
[or] 2-A, or 2-B. |
|
SECTION 8. Section 481.103(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Penalty Group 2 consists of: |
|
(1) any quantity of the following hallucinogenic |
|
substances, their salts, isomers, and salts of isomers, unless |
|
specifically excepted, if the existence of these salts, isomers, |
|
and salts of isomers is possible within the specific chemical |
|
designation: |
|
5-(2-aminopropyl)benzofuran (5-APB); |
|
6-(2-aminopropyl)benzofuran (6-APB); |
|
5-(2-aminopropyl)-2,3-dihydrobenzofuran |
|
(5-APDB); |
|
6-(2-aminopropyl)-2,3-dihydrobenzofuran |
|
(6-APDB); |
|
5-(2-aminopropyl)indole (5-IT,5-API); |
|
6-(2-aminopropyl)indole (6-IT,6-API); |
|
1-(benzofuran-5-yl)-N-methylpropan-2-amine |
|
(5-MAPB); |
|
1-(benzofuran-6-yl)-N-methylpropan-2-amine |
|
(6-MAPB); |
|
Benzothiophenylcyclohexylpiperidine (BTCP); |
|
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- |
|
4-ethanamine (trade or other name: Bromo-DragonFLY); |
|
Desoxypipradrol (2-benzhydrylpiperidine); |
|
2, 5-dimethoxyamphetamine (some trade or other |
|
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); |
|
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) |
|
methanol, D2PM); |
|
Dronabinol (synthetic) in sesame oil and |
|
encapsulated in a soft gelatin capsule in a U.S. Food and Drug |
|
Administration approved drug product (some trade or other names for |
|
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- |
|
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- |
|
(trans)-tetrahydrocannabinol); |
|
Ethylamine Analog of Phencyclidine (some trade or |
|
other names: N-ethyl-1-phenylcyclohexylamine, |
|
(1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) |
|
ethylamine, cyclohexamine, PCE); |
|
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone |
|
(trade or other name: methoxetamine); |
|
Ibogaine (some trade or other names: 7-Ethyl-6, 6, |
|
beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, |
|
9-methano-5H-pyrido [1', 2':1, 2] azepino [5, 4-b] indole; |
|
tabernanthe iboga.); |
|
5-iodo-2-aminoindane (5-IAI); |
|
Mescaline; |
|
5-methoxy-3, 4-methylenedioxy amphetamine; |
|
4-methoxyamphetamine (some trade or other names: |
|
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; |
|
PMA); |
|
4-methoxymethamphetamine (PMMA); |
|
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone |
|
(some trade and other names: 2-MeO-ketamine; methoxyketamine); |
|
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, |
|
PPMP); |
|
4-methyl-2, 5-dimethoxyamphetamine (some trade |
|
and other names: 4-methyl-2, 5-dimethoxy-alpha- |
|
methylphenethylamine; "DOM"; "STP"); |
|
3,4-methylenedioxy methamphetamine (MDMA, MDM); |
|
3,4-methylenedioxy amphetamine; |
|
3,4-methylenedioxy N-ethylamphetamine (Also |
|
known as N-ethyl MDA); |
|
5,6-methylenedioxy-2-aminoindane (MDAI); |
|
Nabilone (Another name for nabilone: (+)-trans- |
|
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, |
|
6-dimethyl-9H-dibenzo[b,d] pyran-9-one; |
|
N-benzylpiperazine (some trade or other names: |
|
BZP; 1-benzylpiperazine); |
|
N-ethyl-3-piperidyl benzilate; |
|
N-hydroxy-3,4-methylenedioxyamphetamine (Also |
|
known as N-hydroxy MDA); |
|
4-methylaminorex; |
|
N-methyl-3-piperidyl benzilate; |
|
Parahexyl (some trade or other names: |
|
3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, |
|
9-trimethyl-6H-dibenzo [b, d] pyran; Synhexyl); |
|
1-Phenylcyclohexylamine; |
|
1-Piperidinocyclohexanecarbonitrile (PCC); |
|
Pyrrolidine Analog of Phencyclidine (some trade |
|
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); |
|
[Tetrahydrocannabinols, other than marihuana, and |
|
synthetic equivalents of the substances contained in the plant, or |
|
in the resinous extractives of Cannabis, or synthetic substances, |
|
derivatives, and their isomers with similar chemical structure and |
|
pharmacological activity such as: |
|
[delta 1 cis or trans tetrahydrocannabinol, |
|
and their optical isomers; |
|
[delta 6 cis or trans tetrahydrocannabinol, |
|
and their optical isomers; |
|
[delta 3, 4 cis or trans |
|
tetrahydrocannabinol, and its optical isomers; or |
|
[compounds of these structures, regardless |
|
of numerical designation of atomic positions, since nomenclature of |
|
these substances is not internationally standardized;] |
|
Thiophene Analog of Phencyclidine (some trade or |
|
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl |
|
Analog of Phencyclidine; TPCP, TCP); |
|
1-pyrrolidine (some trade or other name: TCPy); |
|
1-(3-trifluoromethylphenyl)piperazine (trade or |
|
other name: TFMPP); and |
|
3,4,5-trimethoxy amphetamine; |
|
(2) Phenylacetone (some trade or other names: |
|
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl |
|
ketone); |
|
(3) unless specifically excepted or unless listed in |
|
another Penalty Group, a material, compound, mixture, or |
|
preparation that contains any quantity of the following substances |
|
having a potential for abuse associated with a depressant or |
|
stimulant effect on the central nervous system: |
|
Aminorex (some trade or other names: aminoxaphen; |
|
2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- |
|
phenyl-2-oxazolamine); |
|
Amphetamine, its salts, optical isomers, and |
|
salts of optical isomers; |
|
Cathinone (some trade or other names: |
|
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, |
|
2-aminopropiophenone); |
|
Etaqualone and its salts; |
|
Etorphine Hydrochloride; |
|
Fenethylline and its salts; |
|
Lisdexamfetamine, including its salts, isomers, |
|
and salts of isomers; |
|
Mecloqualone and its salts; |
|
Methaqualone and its salts; |
|
Methcathinone (some trade or other names: |
|
2-methylamino-propiophenone; alpha-(methylamino)propriophenone; |
|
2-(methylamino)-1-phenylpropan-1-one; |
|
alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone, |
|
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR |
|
1431); |
|
N-Ethylamphetamine, its salts, optical isomers, |
|
and salts of optical isomers; and |
|
N,N-dimethylamphetamine (some trade or other |
|
names: N,N,alpha-trimethylbenzeneethanamine; |
|
N,N,alpha-trimethylphenethylamine), its salts, optical isomers, |
|
and salts of optical isomers; |
|
(4) any compound structurally derived from |
|
2-aminopropanal by substitution at the 1-position with any |
|
monocyclic or fused-polycyclic ring system, including: |
|
(A) compounds further modified by: |
|
(i) substitution in the ring system to any |
|
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or |
|
halide substituents), whether or not further substituted in the |
|
ring system by other substituents; |
|
(ii) substitution at the 3-position with an |
|
alkyl substituent; or |
|
(iii) substitution at the 2-amino nitrogen |
|
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or |
|
inclusion of the 2-amino nitrogen atom in a cyclic structure; and |
|
(B) by example, compounds such as: |
|
4-Methylmethcathinone (Also known as |
|
Mephedrone); |
|
3,4-Dimethylmethcathinone (Also known as |
|
3,4- DMMC); |
|
3-Fluoromethcathinone (Also known as 3-FMC); |
|
4-Fluoromethcathinone (Also known as |
|
Flephedrone); |
|
3,4-Methylenedioxy-N-methylcathinone (Also |
|
known as Methylone); |
|
3,4-Methylenedioxypyrovalerone (Also known |
|
as MDPV); |
|
alpha-Pyrrolidinopentiophenone (Also known |
|
as alpha-PVP); |
|
Naphthylpyrovalerone (Also known as |
|
Naphyrone); |
|
alpha-Methylamino-valerophenone (Also known |
|
as Pentedrone); |
|
beta-Keto-N-methylbenzodioxolylpropylamine |
|
(Also known as Butylone); |
|
beta-Keto-N-methylbenzodioxolylpentanamine |
|
(Also known as Pentylone); |
|
beta-Keto-Ethylbenzodioxolylbutanamine |
|
(Also known as Eutylone); and |
|
3,4-methylenedioxy-N-ethylcathinone (Also |
|
known as Ethylone); |
|
(5) any compound structurally derived from tryptamine |
|
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: |
|
(A) by modification in any of the following ways: |
|
(i) by substitution at the amine nitrogen |
|
atom of the sidechain to any extent with alkyl or alkenyl groups or |
|
by inclusion of the amine nitrogen atom of the side chain (and no |
|
other atoms of the side chain) in a cyclic structure; |
|
(ii) by substitution at the carbon atom |
|
adjacent to the nitrogen atom of the side chain (alpha-position) |
|
with an alkyl or alkenyl group; |
|
(iii) by substitution in the 6-membered |
|
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, |
|
alkylenedioxy, or halide substituents; or |
|
(iv) by substitution at the 2-position of |
|
the tryptamine ring system with an alkyl substituent; and |
|
(B) including: |
|
(i) ethers and esters of the controlled |
|
substances listed in this subdivision; and |
|
(ii) by example, compounds such as: |
|
alpha-ethyltryptamine; |
|
alpha-methyltryptamine; |
|
Bufotenine (some trade and other names: |
|
3-(beta-Dimethylaminoethyl)-5-hydroxyindole; |
|
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; |
|
5-hydroxy-N, N- dimethyltryptamine; mappine); |
|
Diethyltryptamine (some trade and |
|
other names: N, N-Diethyltryptamine, DET); |
|
Dimethyltryptamine (trade or other |
|
name: DMT); |
|
5-methoxy-N, N-diisopropyltryptamine |
|
(5-MeO-DiPT); |
|
O-Acetylpsilocin (Trade or other name: |
|
4-Aco-DMT); |
|
Psilocin; and |
|
Psilocybin; |
|
(6) 2,5-Dimethoxyphenethylamine and any compound |
|
structurally derived from 2,5-Dimethoxyphenethylamine by |
|
substitution at the 4-position of the phenyl ring to any extent |
|
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide |
|
substituents), including, by example, compounds such as: |
|
4-Bromo-2,5-dimethoxyphenethylamine (trade or |
|
other name: 2C-B); |
|
4-Chloro-2,5-dimethoxyphenethylamine (trade or |
|
other name: 2C-C); |
|
2,5-Dimethoxy-4-methylphenethylamine (trade or |
|
other name: 2C-D); |
|
4-Ethyl-2,5-dimethoxyphenethylamine (trade or |
|
other name: 2C-E); |
|
4-Iodo-2,5-dimethoxyphenethylamine (trade or |
|
other name: 2C-I); |
|
2,5-Dimethoxy-4-nitrophenethylamine (trade or |
|
other name: 2C-N); |
|
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade |
|
or other name: 2C-P); |
|
4-Ethylthio-2,5-dimethoxyphenethylamine (trade |
|
or other name: 2C-T-2); |
|
4-Isopropylthio-2,5-dimethoxyphenethylamine |
|
(trade or other name: 2C-T-4); and |
|
2,5-Dimethoxy-4-(n)-propylthiophenethylamine |
|
(trade or other name: 2C-T-7); and |
|
(7) 2,5-Dimethoxyamphetamine and any compound |
|
structurally derived from 2,5-Dimethoxyamphetamine by substitution |
|
at the 4-position of the phenyl ring to any extent (including alkyl, |
|
alkoxy, alkylenedioxy, haloalkyl, or halide substituents), |
|
including, by example, compounds such as: |
|
4-Ethylthio-2,5-dimethoxyamphetamine (trade or |
|
other name: Aleph-2); |
|
4-Isopropylthio-2,5-dimethoxyamphetamine (trade |
|
or other name: Aleph-4); |
|
4-Bromo-2,5-dimethoxyamphetamine (trade or other |
|
name: DOB); |
|
4-Chloro-2,5-dimethoxyamphetamine (trade or |
|
other name: DOC); |
|
2,5-Dimethoxy-4-ethylamphetamine (trade or other |
|
name: DOET); |
|
4-Iodo-2,5-dimethoxyamphetamine (trade or other |
|
name: DOI); |
|
2,5-Dimethoxy-4-methylamphetamine (trade or |
|
other name: DOM); |
|
2,5-Dimethoxy-4-nitroamphetamine (trade or other |
|
name: DON); |
|
4-Isopropyl-2,5-dimethoxyamphetamine (trade or |
|
other name: DOIP); and |
|
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or |
|
other name: DOPR). |
|
SECTION 9. Subchapter D, Chapter 481, Health and Safety |
|
Code, is amended by adding Section 481.1032 to read as follows: |
|
Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B |
|
consists of any quantity of the following substances, their salts, |
|
isomers, and salts of isomers, unless specifically excepted, if the |
|
existence of these salts, isomers, and salts of isomers is possible |
|
within the specific chemical designation: |
|
Tetrahydrocannabinols, other than marihuana, and |
|
synthetic equivalents of the substances contained in the plant, or |
|
in the resinous extractives of Cannabis, or synthetic substances, |
|
derivatives, and their isomers with similar chemical structure and |
|
pharmacological activity such as: |
|
delta-1 cis or trans tetrahydrocannabinol, and |
|
their optical isomers; |
|
delta-6 cis or trans tetrahydrocannabinol, and |
|
their optical isomers; |
|
delta-3, 4 cis or trans tetrahydrocannabinol, and |
|
its optical isomers; or |
|
compounds of these structures, regardless of |
|
numerical designation of atomic positions, since nomenclature of |
|
these substances is not internationally standardized. |
|
(b) For the purposes of this section, the term "isomer" |
|
includes an optical, position, or geometric isomer. |
|
SECTION 10. Section 481.106, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE |
|
ANALOGUE. For the purposes of the prosecution of an offense under |
|
this subchapter involving the manufacture, delivery, or possession |
|
of a controlled substance, Penalty Groups 1, 1-A, 2, [and] 2-A, and |
|
2-B include a controlled substance analogue that: |
|
(1) has a chemical structure substantially similar to |
|
the chemical structure of a controlled substance listed in the |
|
applicable penalty group; or |
|
(2) is specifically designed to produce an effect |
|
substantially similar to, or greater than, a controlled substance |
|
listed in the applicable penalty group. |
|
SECTION 11. The heading to Section 481.113, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE |
|
IN PENALTY GROUP 2, [OR] 2-A, OR 2-B. |
|
SECTION 12. Section 481.113(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Except as authorized by this chapter, a person commits |
|
an offense if the person knowingly manufactures, delivers, or |
|
possesses with intent to deliver a controlled substance listed in |
|
Penalty Group 2, [or] 2-A, or 2-B. |
|
SECTION 13. The heading to Section 481.1161, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY |
|
GROUP 2-A OR 2-B. |
|
SECTION 14. Section 481.1161(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) Except as authorized by this chapter, a person commits |
|
an offense if the person knowingly possesses a controlled substance |
|
listed in Penalty Group 2-A or 2-B, unless the person obtained the |
|
substance directly from or under a valid prescription or order of a |
|
practitioner acting in the course of professional practice. |
|
(b) An offense under this section is: |
|
(1) a Class C misdemeanor if the amount of the |
|
controlled substance possessed is, by aggregate weight, including |
|
adulterants or dilutants, is one ounce or less; |
|
(1-a) a Class B misdemeanor if the amount of the |
|
controlled substance possessed is, by aggregate weight, including |
|
adulterants or dilutants, two ounces or less but more than one |
|
ounce; |
|
(2) a Class A misdemeanor if the amount of the |
|
controlled substance possessed is, by aggregate weight, including |
|
adulterants or dilutants, four ounces or less but more than two |
|
ounces; |
|
(3) a state jail felony if the amount of the controlled |
|
substance possessed is, by aggregate weight, including adulterants |
|
or dilutants, five pounds or less but more than four ounces; |
|
(4) a felony of the third degree if the amount of the |
|
controlled substance possessed is, by aggregate weight, including |
|
adulterants or dilutants, 50 pounds or less but more than 5 pounds; |
|
(5) a felony of the second degree if the amount of the |
|
controlled substance possessed is, by aggregate weight, including |
|
adulterants or dilutants, 2,000 pounds or less but more than 50 |
|
pounds; and |
|
(6) 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 the amount |
|
of the controlled substance possessed is, by aggregate weight, |
|
including adulterants or dilutants, more than 2,000 pounds. |
|
SECTION 15. Section 481.122(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person knowingly |
|
delivers a controlled substance listed in Penalty Group 1, 1-A, 2, |
|
2-B, or 3 or knowingly delivers marihuana and the person delivers |
|
the controlled substance or marihuana to a person: |
|
(1) who is a child; |
|
(2) who is enrolled in a public or private primary or |
|
secondary school; or |
|
(3) who the actor knows or believes intends to deliver |
|
the controlled substance or marihuana to a person described by |
|
Subdivision (1) or (2). |
|
SECTION 16. Sections 551.003(11) and (12), Occupations |
|
Code, are amended to read as follows: |
|
(11) "Controlled substance" means a substance, |
|
including a drug: |
|
(A) listed in Schedule I, II, III, IV, or V, as |
|
established by the commissioner of public health under Chapter 481, |
|
Health and Safety Code, or in Penalty Group 1, 1-A, 2, 2-B, 3, or 4, |
|
Chapter 481; or |
|
(B) included in Schedule I, II, III, IV, or V of |
|
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 |
|
U.S.C. Section 801 et seq.). |
|
(12) "Dangerous drug" means a drug or device that: |
|
(A) is not included in Penalty Group 1, 2, 2-B, 3, |
|
or 4, Chapter 481, Health and Safety Code, and is unsafe for |
|
self-medication; or |
|
(B) bears or is required to bear the legend: |
|
(i) "Caution: federal law prohibits |
|
dispensing without prescription" or "Rx only" or another legend |
|
that complies with federal law; or |
|
(ii) "Caution: federal law restricts this |
|
drug to use by or on the order of a licensed veterinarian." |
|
SECTION 17. Section 481.115(h)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.1151(b)(1), |
|
481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b), |
|
or 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 18. Section 481.1151(d)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b), |
|
or 481.121(b)(1) or (2), or an offense under Section 481.119(b), |
|
481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 19. Section 481.116(g)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.1161(b)(1), (1-a), or (2), 481.117(b), |
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 20. Section 481.117(g)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.118(b), or 481.121(b)(1) or (2), or an offense under Section |
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 21. Section 481.118(g)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), or 481.121(b)(1) or (2), or an offense under Section |
|
481.119(b), 481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 22. Section 481.119(d)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense |
|
under Section 481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 23. Section 481.121(d)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), or 481.118(b), or an offense under Section 481.119(b), |
|
481.125(a), 483.041(a), or 485.031(a); |
|
SECTION 24. Section 481.125(h)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense |
|
under Section 481.119(b), 483.041(a), or 485.031(a); |
|
SECTION 25. Section 483.041(f)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense |
|
under Section 481.119(b), 481.125(a), or 485.031(a); |
|
SECTION 26. Section 485.031(d)(1)(B), Health and Safety |
|
Code, is amended to read as follows: |
|
(B) the actor is committing another offense, |
|
other than an offense punishable under Section 481.115(b), |
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), |
|
481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense |
|
under Section 481.119(b), 481.125(a), or 483.041(a); |
|
SECTION 27. 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 28. (a) Except as otherwise provided by this |
|
section, this Act takes effect September 1, 2023. |
|
(b) Section 521.371, Transportation Code, as amended by |
|
this Act, takes 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. |