A BILL TO BE ENTITLED

AN ACT

relating to the penalties for possession of one ounce or less of

marihuana or a synthetic cannabinoid.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.1161, Health and Safety Code, is

amended by amending Subsection (b) and adding Subsections (c) and

(d) to read as follows:

(b) An offense under this section is:

(1) a Class C misdemeanor if the amount of controlled

substance possessed is, by aggregate weight, including adulterants

or dilutants, one ounce or less, except as provided by Subsection

(c);

(2) 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 ;

(3) [ (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;

(4) [ (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;

(5) [ (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;

(6) [ (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

(7) [ (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.

(c) An offense under Subsection (b)(1) is a Class B

misdemeanor if it is shown on the trial of the offense that the

defendant has been previously convicted three or more times of an

offense involving the possession of marihuana or a synthetic

cannabinoid and each prior offense was committed within the

24-month period preceding the date of the commission of the instant

offense. For purposes of this subsection, "offense involving the

possession of marihuana or a synthetic cannabinoid" means an

offense under this section or Section 481.121 or an offense under

the laws of another state that contains elements substantially

similar to the elements of an offense under either of those

sections.

(d) A defendant convicted of an offense punishable under

Subsection (c) is not eligible for community supervision under

Article 42.12, Code of Criminal Procedure.

SECTION 2. Section 481.121, Health and Safety Code, is

amended by amending Subsection (b) and adding Subsections (c) and

(d) 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, except as provided by Subsection

(c);

(2) a Class B misdemeanor if the amount of marihuana

possessed is two ounces or less but more than one ounce ;

(3) [ (2) ] a Class A misdemeanor if the amount of

marihuana possessed is four ounces or less but more than two ounces;

(4) [ (3) ] a state jail felony if the amount of

marihuana possessed is five pounds or less but more than four

ounces;

(5) [ (4) ] a felony of the third degree if the amount of

marihuana possessed is 50 pounds or less but more than 5 pounds;

(6) [ (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

(7) [ (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.

(c) An offense under Subsection (b)(1) is a Class B

misdemeanor if it is shown on the trial of the offense that the

defendant has been previously convicted three or more times of an

offense involving the possession of marihuana or a synthetic

cannabinoid and each prior offense was committed within the

24-month period preceding the date of the commission of the instant

offense. For purposes of this subsection, "offense involving the

possession of marihuana or a synthetic cannabinoid" means an

offense under this section or Section 481.1161 or an offense under

the laws of another state that contains elements substantially

similar to the elements of an offense under either of those

sections.

(d) A defendant convicted of an offense punishable under

Subsection (c) is not eligible for community supervision under

Article 42.12, Code of Criminal Procedure.

SECTION 3. Section 481.126(a), Health and Safety Code, is

amended to read as follows:

(a) A person commits an offense if the person:

(1) barters property or expends funds the person knows

are derived from the commission of an offense under this chapter

punishable by imprisonment in the Texas Department of Criminal

Justice for life;

(2) barters property or expends funds the person knows

are derived from the commission of an offense under Section

481.121(a) that is punishable under Section 481.121(b)(6)

[ 481.121(b)(5) ];

(3) barters property or finances or invests funds the

person knows or believes are intended to further the commission of

an offense for which the punishment is described by Subdivision

(1); or

(4) barters property or finances or invests funds the

person knows or believes are intended to further the commission of

an offense under Section 481.121(a) that is punishable under

Section 481.121(b)(6) [ 481.121(b)(5) ].

SECTION 4. Sections 481.134(c), (d), (e), and (f), Health

and Safety Code, are amended to read as follows:

(c) The minimum term of confinement or imprisonment for an

offense otherwise punishable under Section 481.112(c), (d), (e), or

(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),

481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(5), (6), or

(7) [ 481.1161(b)(4), (5), or (6) ], 481.117(c), (d), or (e),

481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or

481.121(b)(5), (6), or (7) [ 481.121(b)(4), (5), or (6) ] is

increased by five years and the maximum fine for the offense is

doubled if it is shown on the trial of the offense that the offense

was committed:

(1) in, on, or within 1,000 feet of the premises of a

school, the premises of a public or private youth center, or a

playground; or

(2) on a school bus.

(d) An offense otherwise punishable under Section

481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),

481.1161(b)(4) [ 481.1161(b)(3) ], 481.120(b)(3), or 481.121(b)(4)

[ 481.121(b)(3) ] is a felony of the third degree 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.

(e) An offense otherwise punishable under Section

481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)

[ 481.121(b)(2) ] is a state jail felony 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.

(f) An offense otherwise punishable under Section

481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) , (b)(2),

or (c) 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 5. 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)(2), (b)(3), or (c)

[ (b)(1) or (2) ] of that section;

(1-a) Section 481.1161, Health and Safety Code, if the

offense is punishable under Subsection (b)(2), (b)(3), or (c)

[ (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)(1) 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 6. Section 15(a)(1), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

(1) On conviction of a state jail felony under Section

481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(4)

[ 481.1161(b)(3) ], 481.121(b)(4) [ 481.121(b)(3) ], or

481.129(g)(1), Health and Safety Code, that is punished under

Section 12.35(a), Penal Code, the judge shall suspend the

imposition of the sentence and place the defendant on community

supervision, unless the defendant has previously been convicted of

a felony, other than a felony punished under Section 12.44(a),

Penal Code, or unless the conviction resulted from an adjudication

of the guilt of a defendant previously placed on deferred

adjudication community supervision for the offense, in which event

the judge may suspend the imposition of the sentence and place the

defendant on community supervision or may order the sentence to be

executed. The provisions of this subdivision requiring the judge

to suspend the imposition of the sentence and place the defendant on

community supervision do not apply to a defendant who:

(A) under Section 481.1151(b)(1), Health and

Safety Code, possessed more than five abuse units of the controlled

substance;

(B) under Section 481.1161(b)(4)

[ 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

(C) under Section 481.121(b)(4) [ 481.121(b)(3) ],

Health and Safety Code, possessed more than one pound of marihuana.

SECTION 7. Article 45.051, Code of Criminal Procedure, is

amended by adding Subsection (g) to read as follows:

(g) This subsection applies only to a defendant charged with

an offense under Section 481.1161 or 481.121, Health and Safety

Code, who is granted a deferral under Subsection (a). In addition

to any other requirement, the judge shall, during the deferral

period, require that the defendant successfully complete a drug

abuse awareness and education program approved by the Department of

State Health Services.

SECTION 8. 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 covered

by the law in effect when 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.