Bill Text: TX HB439 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the criminal penalties for possession or delivery of marihuana and marihuana concentrate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB439 Detail]
Download: Texas-2021-HB439-Introduced.html
87R3204 JSC-D | ||
By: Canales | H.B. No. 439 |
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relating to the criminal penalties for possession or delivery of | ||
marihuana and marihuana concentrate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.551(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) Subsection (a) does not apply to a defendant who: | ||
(1) under Section 481.1151(b)(1), Health and Safety | ||
Code, possessed more than five abuse units of the controlled | ||
substance; | ||
(2) under Section 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 | ||
(3) under Section 481.121(b)(3), Health and Safety | ||
Code, possessed: | ||
(A) more than one pound of marihuana other than | ||
marihuana concentrate; or | ||
(B) more than 90 grams of marihuana concentrate. | ||
SECTION 2. Section 481.002, Health and Safety Code, is | ||
amended by amending Subdivision (26) and adding Subdivision (57) to | ||
read as follows: | ||
(26) "Marihuana" means the plant Cannabis sativa L., | ||
whether growing or not, the seeds of that plant, the resin extracted | ||
from a part of the plant, and every compound, manufacture, salt, | ||
derivative, mixture, or preparation of that plant, the resin of | ||
that plant, or its seeds. The term includes marihuana concentrate. | ||
The term does not include: | ||
(A) [ |
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[ |
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produced from the stalks; | ||
(B) [ |
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plant; | ||
(C) [ |
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derivative, mixture, or preparation of the mature stalks, fiber, | ||
oil, or cake; | ||
(D) [ |
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are incapable of beginning germination; or | ||
(E) [ |
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Section 121.001, Agriculture Code. | ||
(57) "Marihuana concentrate" means the resin | ||
extracted from marihuana or a compound, manufacture, salt, | ||
derivative, mixture, or preparation of the resin. | ||
SECTION 3. Section 481.120, 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 B misdemeanor if: | ||
(A) the person committing the offense does not | ||
receive remuneration for the marihuana; and | ||
(B) the amount [ |
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(i) one-fourth ounce or less of marihuana | ||
other than marihuana concentrate [ |
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(ii) 1.5 grams or less of marihuana | ||
concentrate; | ||
(2) a Class A misdemeanor if: | ||
(A) the person committing the offense receives | ||
remuneration for the marihuana; and | ||
(B) the amount [ |
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(i) one-fourth ounce or less of marihuana | ||
other than marihuana concentrate [ |
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(ii) 1.5 grams or less of marihuana | ||
concentrate; | ||
(3) a state jail felony if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate delivered is five pounds or less but more than | ||
one-fourth ounce; or | ||
(B) the amount of marihuana concentrate | ||
delivered is 1 pound or less but more than 1.5 grams; | ||
(4) a felony of the second degree if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate delivered is 50 pounds or less but more than five | ||
pounds; or | ||
(B) the amount of marihuana concentrate | ||
delivered is 10 pounds or less but more than 1 pound; | ||
(5) a felony of the first degree if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate delivered is 2,000 pounds or less but more than 50 | ||
pounds; or | ||
(B) the amount of marihuana concentrate | ||
delivered is 400 pounds or less but more than 10 pounds; and | ||
(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 10 years, and a fine not to exceed $100,000, if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate delivered is more than 2,000 pounds; or | ||
(B) the amount of marihuana concentrate | ||
delivered is more than 400 pounds. | ||
(c) For purposes of the prosecution of an offense under this | ||
section involving marihuana concentrate, the amount of marihuana | ||
concentrate delivered is the weight of the marihuana concentrate, | ||
excluding adulterants or dilutants. | ||
(d) The director shall adopt rules for determining the | ||
amount of marihuana concentrate in a product that contains a | ||
combination of marihuana concentrate and adulterants or dilutants. | ||
SECTION 4. 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 B misdemeanor if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is two ounces or less; or | ||
(B) the amount of marihuana concentrate is 10 | ||
grams or less; | ||
(2) a Class A misdemeanor if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is four ounces or less but more than two | ||
ounces; or | ||
(B) the amount of marihuana concentrate | ||
possessed is 20 grams or less but more than 10 grams; | ||
(3) a state jail felony if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is five pounds or less but more than four | ||
ounces; or | ||
(B) the amount of marihuana concentrate | ||
possessed is 1 pound or less but more than 20 grams; | ||
(4) a felony of the third degree if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is 50 pounds or less but more than 5 pounds; | ||
or | ||
(B) the amount of marihuana concentrate | ||
possessed is 10 pounds or less but more than 1 pound; | ||
(5) a felony of the second degree if: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is 2,000 pounds or less but more than 50 | ||
pounds; or | ||
(B) the amount of marihuana concentrate | ||
possessed is 400 pounds or less but more than 10 pounds; and | ||
(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: | ||
(A) the amount of marihuana other than marihuana | ||
concentrate possessed is more than 2,000 pounds; or | ||
(B) the amount of marihuana concentrate | ||
possessed is more than 400 pounds. | ||
(c) For purposes of the prosecution of an offense under this | ||
section involving marihuana concentrate, the amount of marihuana | ||
concentrate possessed is the weight of the marihuana concentrate, | ||
excluding adulterants or dilutants. | ||
(d) The director shall adopt rules for determining the | ||
amount of marihuana concentrate in a product that contains a | ||
combination of marihuana concentrate and adulterants or dilutants. | ||
SECTION 5. Section 481.122(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) It is an affirmative defense to prosecution under this | ||
section that: | ||
(1) the actor was a child when the offense was | ||
committed; or | ||
(2) the actor: | ||
(A) was younger than 21 years of age when the | ||
offense was committed; | ||
(B) delivered only marihuana in an amount equal | ||
to or less than: | ||
(i) one-fourth ounce of marihuana other | ||
than marihuana concentrate; or | ||
(ii) 1.5 grams of marihuana concentrate; | ||
and | ||
(C) did not receive remuneration for the | ||
delivery. | ||
SECTION 6. 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 governed | ||
by the law in effect on the date 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 occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2021. |