LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
February 28, 2023

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 marihuana possession, drug paraphernalia possession, and tetrahydrocannabinol possession offenses; imposing a fee.), As Introduced

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 for 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. 

Reducing the penalty for an existing offense may result in reduced demands upon state and local 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. 

In fiscal year 2022, there were 29,276 individuals arrested, 1,557 individuals placed on adult community supervision, and no individuals admitted into adult or juvenile state correctional institutions for Class B misdemeanor possession of marihuana or certain penalty group 2-A controlled substances of two ounces or less.

In fiscal year 2022, there were 13,500 individuals arrested, 1,572 individuals placed on adult community supervision, and 380 individuals admitted into adult state correctional institutions for possession of a penalty group 2 controlled substance. In fiscal year 2022, 12 individuals were admitted to juvenile state correctional facilities for controlled substances offenses, but the penalty group classification of these substances is unknown.

The impact on state correctional populations or on the demand for state correctional resources 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. 



Source Agencies:
LBB Staff:
JMc, DDel, LBO, DGI