drug possession capped at a third degree felony

The text as introduced · 2,003 words

89R1783 LHC-D

By: Meza
H.B. No. 2183

A BILL TO BE ENTITLED

AN ACT

relating to criminal penalties for possession offenses under the

Texas Controlled Substances Act.

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

ARTICLE 1. POSSESSION OFFENSE PENALTIES

SECTION 1.01. Section 481.115(c), Health and Safety Code,

is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third

degree with a maximum term of imprisonment of five years 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 ].

SECTION 1.02. Section 481.1151(b), Health and Safety Code,

is amended to read as follows:

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of

the controlled substance is fewer than 20; and

(2) a felony of the third degree with a maximum term of

imprisonment of five years if the number of abuse units of the

controlled substance is 20 or more [ but fewer than 80;

[ (3) a felony of the second degree if the number of

abuse units of the controlled substance is 80 or more but fewer than

4,000;

[ (4) a felony of the first degree if the number of

abuse units of the controlled substance is 4,000 or more but fewer

than 8,000; and

[ (5) a felony of the first degree 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 15 years and a

fine not to exceed $250,000, if the number of abuse units of the

controlled substance is 8,000 or more ].

SECTION 1.03. Section 481.116(c), Health and Safety Code,

is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third

degree with a maximum term of imprisonment of five years 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 ].

SECTION 1.04. Section 481.1161(b), Health and Safety Code,

is amended to read as follows:

(b) An offense under this section is:

(1) a Class B misdemeanor if the amount of the

controlled substance possessed is, by aggregate weight, including

adulterants or dilutants, two ounces or less;

(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;

(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; and

(4) a felony of the third degree with a maximum term of

imprisonment of five years 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[ ;

[ (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

[ (6) a felony of the first degree 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 ].

SECTION 1.05. Section 481.117(c), Health and Safety Code,

is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third

degree with a maximum term of imprisonment of five years if the

amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, 28 grams or more [ but

less than 200 grams ].

SECTION 1.06. Section 481.118(c), Health and Safety Code,

is amended to read as follows:

(c) An offense under Subsection (a) is a felony of the third

degree with a maximum term of imprisonment of five years if the

amount of the controlled substance possessed is, by aggregate

weight, including adulterants or dilutants, 28 grams or more [ but

less than 200 grams ].

SECTION 1.07. 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 two ounces or less;

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

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

(3) a state jail felony if the amount of marihuana

possessed is five pounds or less but more than four ounces; and

(4) a felony of the third degree with a maximum term of

imprisonment of five years if the amount of marihuana possessed is

[ 50 pounds or less but ] more than 5 pounds[ ;

[ (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

[ (6) a felony of the first degree 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 ].

SECTION 1.08. 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), 481.1121(b)(2), (3), or (4), 481.1123(b), (c), (d), (e), or

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

[ 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), (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;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or

older, in, on, or within 1,000 feet of premises owned, rented, or

leased by a general residential operation operating as a

residential treatment center.

(d) An offense otherwise punishable under Section

481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or

[ 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), ]

481.120(b)(3) [ , or 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;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or

older, in, on, or within 1,000 feet of premises owned, rented, or

leased by a general residential operation operating as a

residential treatment center.

(e) An offense otherwise punishable under Section

[ 481.117(b), ] 481.119(a) or [ , ] 481.120(b)(2) [ , or 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;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or

older, in, on, or within 1,000 feet of premises owned, rented, or

leased by a general residential operation operating as a

residential treatment center.

(f) An offense otherwise punishable under Section

[ 481.118(b), 481.119(b), ] 481.120(b)(1) [ , or 481.121(b)(1) ] 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;

(2) on a school bus; or

(3) by any unauthorized person 18 years of age or

older, in, on, or within 1,000 feet of premises owned, rented, or

leased by a general residential operation operating as a

residential treatment center.

SECTION 1.09. The following provisions of the Health and

Safety Code are repealed:

(1) Sections 481.115(d), (e), and (f);

(2) Sections 481.116(d) and (e);

(3) Sections 481.117(d) and (e); and

(4) Sections 481.118(d) and (e).

ARTICLE 2. PRIOR CONVICTIONS

SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is

amended by adding Section 12.495 to read as follows:

Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO

ENHANCEMENT. Notwithstanding any other provision of this

subchapter:

(1) a previous conviction for an offense under Section

481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,

481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not

be used for enhancement purposes under this subchapter; and

(2) a previous conviction for any offense may not be

used for enhancing an offense under Section 481.115, 481.1151,

481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or

481.125(a), Health and Safety Code, under any provision of this

subchapter.

ARTICLE 3. CONFORMING CHANGES

SECTION 3.01. Section 481.126, Health and Safety Code, is

amended to read as follows:

Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR

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

(1) barters property or expends funds the person knows

are derived from the commission of a first degree felony offense

under this chapter punishable by imprisonment in the Texas

Department of Criminal Justice for life; or

(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)(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)(5) ].

(b) An offense under this section [ Subsection (a)(1) or (3) ]

is a felony of the first degree. [ An offense under Subsection

(a)(2) or (4) is a felony of the second degree. ]

SECTION 3.02. Section 71.023(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person, as part of the

identifiable leadership of a criminal street gang or foreign

terrorist organization, knowingly finances, directs, or supervises

the commission of, or a conspiracy to commit, one or more of the

following offenses by members of a criminal street gang or foreign

terrorist organization:

(1) a felony offense that is listed in Article

42A.054(a), Code of Criminal Procedure;

(2) a felony offense for which it is shown that a

deadly weapon, as defined by Section 1.07, was used or exhibited

during the commission of the offense or during immediate flight

from the commission of the offense; or

(3) an offense that is punishable under Section

481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),

[ 481.115(f), ] or 481.120(b)(6), Health and Safety Code.

ARTICLE 4. TRANSITION; EFFECTIVE DATE

SECTION 4.01. The changes in law made by this Act apply to

an offense committed before, on, or after September 1, 2025, except

that a final conviction for an offense that exists on September 1,

2025, is unaffected by this Act.

SECTION 4.02. This Act takes effect September 1, 2025.