TO:	Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB218 by Moody (relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.), Committee Report 1st House, Substituted

Reducing the penalty for an existing offense may result in reduced demands upon state correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to identify cases with the specific controlled substances and the weight of those substances and marihuana as outlined in the bill's provisions from all other possession of marihuana and certain controlled substances under two ounces as well as the specific controlled substances in penalty group 2.

The bill would reduce the criminal penalty for possession of marihuana and certain penalty group 2-A controlled substances of one ounce or less from a Class B to a Class C misdemeanor. The bill would transfer certain tetrahydrocannabinols from penalty group 2 to a new penalty group 2-B and reduce the penalty of possession of one ounce or less from ranging between a state jail and second degree felony to a Class C misdemeanor. The penalties for possession of certain tetrahydrocannabinols greater than one ounce would also be reduced to reflect the current law penalties in penalty group 2-A which have a higher aggregate weight threshold. The bill would add penalty group 2-A to the applicable controlled substances for the felony offenses of delivering a controlled substance or marihuana to a child and possessing or transporting certain chemicals with intent to manufacture a controlled substance.

The bill would also allow the records related to the offenses of possession of one ounce or less of marihuana or possession or delivery of drug paraphernalia to be expunged under certain conditions. The bill would require a person who requests such expungement to pay a fee in the amount of $30.

The bill would exclude drug offenses punishable by fine only from certain drug offenses which result in an automatic suspension of a driver's license.

The Office of Court Administration (OCA) and the Comptroller of Public Accounts (CPA) indicate that the fiscal implication of the bill cannot be determined without certain case-level data and that the bill may result in a reduction of revenue from the collection of lower fines and court costs. According to CPA, it is unknown whether the U.S. Secretary of Transportation would certify that the passage of the bill would or would not lead to a withholding of federal highway funds.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION


March 13, 2023

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