Bill Text: TX HB186 | 2019-2020 | 86th Legislature | Introduced

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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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-02-13 - Referred to Criminal Jurisprudence [HB186 Detail]

Download: Texas-2019-HB186-Introduced.html

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86R1595 LHC-D
By: Canales H.B. No. 186

A BILL TO BE ENTITLED
AN ACT
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[, by
aggregate weight, including adulterants or dilutants,] less than
one gram.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is[, by
aggregate weight, including adulterants or dilutants,] one gram or
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[, by aggregate weight, including adulterants or dilutants,] four
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[, by aggregate weight, including
adulterants or dilutants,] 400 grams or more.
(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.