Bill Text: TX SB460 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to reducing criminal penalties for possession of marihuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to Criminal Justice [SB460 Detail]
Download: Texas-2019-SB460-Introduced.html
86R6692 JSC-D | ||
By: Johnson | S.B. No. 460 |
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relating to reducing criminal penalties for possession of | ||
marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.121(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class B misdemeanor if the amount of marihuana | ||
possessed is four [ |
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(2) a Class A misdemeanor if the amount of marihuana | ||
possessed is five pounds [ |
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(3) a state jail felony if the amount of marihuana | ||
possessed is 50 [ |
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(4) a felony of the third degree if the amount of | ||
marihuana possessed is 2,000 [ |
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(5) a felony of the second degree if the amount of | ||
marihuana possessed is [ |
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SECTION 2. Section 481.125, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) It is an affirmative defense to prosecution under | ||
Subsection (a) that the person possessed or used the drug | ||
paraphernalia solely in conjunction with the possession or use of | ||
two ounces or less of marihuana. | ||
SECTION 3. Section 481.134(c), Health and Safety Code, is | ||
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), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), | ||
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), | ||
or (5), 481.116(c), (d), or (e), 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)(4) or[ |
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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. | ||
SECTION 4. 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; or | ||
(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[ |
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SECTION 5. The amendments of Sections 481.121, 481.125, and | ||
481.134, Health and Safety Code, by this Act apply to an offense | ||
committed under Section 481.121 or 481.125, Health and Safety Code, | ||
or an offense committed under Section 481.121 and punishable under | ||
Section 481.134, Health and Safety Code, before, on, or after | ||
September 1, 2019, except that a final conviction for an offense | ||
that exists on September 1, 2019, is unaffected by this Act. | ||
SECTION 6. This Act takes effect September 1, 2019. |