Bill Text: TX HB186 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the determination of the weight of marihuana and other tetrahydrocannabinols for the purpose of the prosecution and punishment of the offense of possession of those substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Referred to Criminal Jurisprudence [HB186 Detail]
Download: Texas-2019-HB186-Introduced.html
86R1595 LHC-D | ||
By: Canales | H.B. No. 186 |
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relating to the determination of the weight of marihuana and other | ||
tetrahydrocannabinols for the purpose of the prosecution and | ||
punishment of the offense of possession of those substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.116, Health and Safety Code, is | ||
amended by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsections (f) and (g) to read as follows: | ||
(b) An offense under Subsection (a) is a state jail felony | ||
if the amount of the controlled substance possessed is[ |
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one gram. | ||
(c) An offense under Subsection (a) is a felony of the third | ||
degree if the amount of the controlled substance possessed is[ |
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more but less than four grams. | ||
(d) An offense under Subsection (a) is a felony of the | ||
second degree if the amount of the controlled substance possessed | ||
is[ |
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grams or more but less than 400 grams. | ||
(e) An offense under Subsection (a) is 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 five years, and | ||
a fine not to exceed $50,000, if the amount of the controlled | ||
substance possessed is[ |
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(f) For purposes of the prosecution of an offense under this | ||
section, the amount of the controlled substance possessed: | ||
(1) for a tetrahydrocannabinol other than marihuana, | ||
is the weight of the controlled substance, excluding adulterants or | ||
dilutants; and | ||
(2) for any other substance listed in Penalty Group 2, | ||
is the aggregate weight of the substance, including adulterants or | ||
dilutants. | ||
(g) The director shall adopt rules for determining the | ||
amount of tetrahydrocannabinol other than marihuana in a product | ||
that contains a combination of a tetrahydrocannabinol other than | ||
marihuana and adulterants or dilutants. | ||
SECTION 2. Section 481.121, Health and Safety Code, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) For purposes of the prosecution of an offense under this | ||
section, the amount of marihuana possessed is the weight of the | ||
marihuana, excluding adulterants or dilutants. | ||
(d) The director shall adopt rules for determining the | ||
amount of marihuana in a product that contains a combination of | ||
marihuana and adulterants or dilutants. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section: | ||
(1) the changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act; and | ||
(2) 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. | ||
(b) In a criminal action pending on or commenced on or after | ||
the effective date of this Act, for an offense committed before the | ||
effective date, the defendant, if adjudged guilty, shall be | ||
assessed punishment under Section 481.116 or 481.121, Health and | ||
Safety Code, as amended by this Act, as applicable, if the defendant | ||
so elects by written motion filed with the trial court before the | ||
sentencing hearing begins. | ||
(c) For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2019. |