Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

89(R) HB 3242 - Introduced version - Bill Text

89R4068 CJD-D

By: Moody

H.B. No. 3242

A BILL TO BE ENTITLED

AN ACT

relating to the criminal and licensing consequences of certain

offenses relating to the possession of marihuana, certain

tetrahydrocannabinols, certain synthetic cannabinoids, and drug

paraphernalia; imposing a fee.

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

SECTION 1. Article 14.06, Code of Criminal Procedure, is

amended by adding Subsections (b-1) and (b-2) and amending

Subsection (d) to read as follows:

(b-1)

A peace officer who is charging a person with

committing an offense under Section 481.1161(b)(1), 481.121(b)(1),

or 481.125(a), Health and Safety Code, may not arrest the person and

shall issue the person a citation as provided by Subsection (b).

(b-2)

Subsection (b-1) does not apply to an officer making

an arrest for an offense other than an offense under Section

481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety

Code.

(d) Subsection (c) applies only to a person charged with

committing an offense under:

(1) Section 481.121, Health and Safety Code, if the

offense is punishable under Subsection
(b)(1-a)
[
(b)(1)
] or (2) of

that section;

(1-a) Section 481.1161, Health and Safety Code, if the

offense is punishable under Subsection
(b)(1-a)
[
(b)(1)
] or (2) of

that section;

(2) Section 28.03, Penal Code, if the offense is

punishable under Subsection (b)(2) of that section;

(3) Section 28.08, Penal Code, if the offense is

punishable under Subsection (b)(2) or (3) of that section;

(4) Section 31.03, Penal Code, if the offense is

punishable under Subsection (e)(2)(A) of that section;

(5) Section 31.04, Penal Code, if the offense is

punishable under Subsection (e)(2) of that section;

(5-a) Section 37.10, Penal Code, if the offense is for

tampering with a temporary tag issued under Chapter 502 or 503,

Transportation Code;

(6) Section 38.114, Penal Code, if the offense is

punishable as a Class B misdemeanor; or

(7) Section 521.457, Transportation Code.

SECTION 2. Article 45A.302, Code of Criminal Procedure, is

amended by adding Subsection (a-1) to read as follows:

(a-1)

Unless the defendant has previously received a

deferral of disposition for an offense under Section

481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety

Code, committed within the 12-month period preceding the date of

the commission of the instant offense, on plea of guilty or nolo

contendere for either offense, the judge shall defer further

proceedings without entering an adjudication of guilt and place the

defendant on deferred disposition under the provisions of this

article.

SECTION 3. Article 45A.305, Code of Criminal Procedure, is

amended by adding Subsection (a-1) to read as follows:

(a-1)

A court that dismisses a complaint under Subsection

(a) for a person charged with an offense under Section

481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety

Code, shall notify the defendant in writing of the person's

expunction rights under Article 45A.501 and provide the person with

a copy of that article.

SECTION 4. Chapter 45A, Code of Criminal Procedure, is

amended by adding Subchapter K to read as follows:

SUBCHAPTER K. EXPUNCTIONS

Art.

45A.501.

EXPUNCTION OF CERTAIN RECORDS. (a) This

article applies only to a person charged with an offense under

Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and

Safety Code.

(b)

Records of a person relating to a complaint may be

expunged under this article if:

(1)

the complaint was dismissed under Article 45A.305

or 45A.401 or other law and:

(A)

at least 180 days have elapsed from the date

of the dismissal; or

(B)

at least one year has elapsed from the date of

the citation; or

(2) the person was acquitted of the offense.

(c)

The person must make a written request to have the

records expunged. The request must be under oath.

(d)

The court shall order all complaints, verdicts,

sentences, and prosecutorial and law enforcement records and any

other documents relating to the offense expunged from the person's

record if the court finds that the person satisfies the

requirements of this article.

(e)

The justice or municipal court shall require a person

who requests expungement under this article to pay a fee in the

amount of $30 to defray the cost of notifying state agencies of

orders of expungement under this article.

(f)

The procedures for expunction provided under this

article are separate and distinct from the expunction procedures

under Chapter 55A.

SECTION 5. Section 411.0728(a), Government Code, is amended

to read as follows:

(a) This section applies only to a person:

(1) who is convicted of or placed on deferred

adjudication community supervision for an offense under:

(A)
Section 481.1161, Health and Safety Code, if

the offense is punishable under Subsection (b)(1-a);

(B)
Section 481.120, Health and Safety Code, if

the offense is punishable under Subsection (b)(1);

(C)
[
(B)
] Section 481.121, Health and Safety

Code, if the offense is punishable under Subsection
(b)(1-a)

[
(b)(1)
];

(D)
[
(C)
] Section 31.03, Penal Code, if the

offense is punishable under Subsection (e)(1) or (2); or

(E)
[
(D)
] Section 43.02, Penal Code; and

(2) who, if requested by the applicable law

enforcement agency or prosecuting attorney to provide assistance in

the investigation or prosecution of an offense under Section

20A.02, 20A.03, or 43.05, Penal Code, or a federal offense

containing elements that are substantially similar to the elements

of an offense under any of those sections:

(A) provided assistance in the investigation or

prosecution of the offense; or

(B) did not provide assistance in the

investigation or prosecution of the offense due to the person's age

or a physical or mental disability resulting from being a victim of

an offense described by this subdivision.

SECTION 6. Sections 481.002(5) and (6), Health and Safety

Code, are amended to read as follows:

(5) "Controlled substance" means a substance,

including a drug, an adulterant, and a dilutant, listed in

Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A,
2-B,
3,

or 4. The term includes the aggregate weight of any mixture,

solution, or other substance containing a controlled substance.

The term does not include hemp, as defined by Section 121.001,

Agriculture Code, or the tetrahydrocannabinols in hemp.

(6) "Controlled substance analogue" means:

(A) a substance with a chemical structure

substantially similar to the chemical structure of a controlled

substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [
or
]

2-A
, or 2-B
; or

(B) a substance specifically designed to produce

an effect substantially similar to, or greater than, the effect of a

controlled substance in Schedule I or II or Penalty Group 1, 1-A,

1-B, 2, [
or
] 2-A
, or 2-B
.

SECTION 7. Section 481.103(a), Health and Safety Code, is

amended to read as follows:

(a) Penalty Group 2 consists of:

(1) any quantity of the following hallucinogenic

substances, their salts, isomers, and salts of isomers, unless

specifically excepted, if the existence of these salts, isomers,

and salts of isomers is possible within the specific chemical

designation:

5-(2-aminopropyl)benzofuran (5-APB);

6-(2-aminopropyl)benzofuran (6-APB);

5-(2-aminopropyl)-2,3-dihydrobenzofuran

(5-APDB);

6-(2-aminopropyl)-2,3-dihydrobenzofuran

(6-APDB);

5-(2-aminopropyl)indole (5-IT,5-API);

6-(2-aminopropyl)indole (6-IT,6-API);

1-(benzofuran-5-yl)-N-methylpropan-2-amine

(5-MAPB);

1-(benzofuran-6-yl)-N-methylpropan-2-amine

(6-MAPB);

Benzothiophenylcyclohexylpiperidine (BTCP);

8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-

4-ethanamine (trade or other name: Bromo-DragonFLY);

Desoxypipradrol (2-benzhydrylpiperidine);

2, 5-dimethoxyamphetamine (some trade or other

names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);

Diphenylprolinol (diphenyl(pyrrolidin-2-yl)

methanol, D2PM);

Dronabinol (synthetic) in sesame oil and

encapsulated in a soft gelatin capsule in a U.S. Food and Drug

Administration approved drug product (some trade or other names for

Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-

trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-

(trans)- tetrahydrocannabinol);

Ethylamine Analog of Phencyclidine (some trade or

other names: N-ethyl-1-phenylcyclohexylamine, (1-

phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,

cyclohexamine, PCE);

2-ethylamino-2-(3-methoxyphenyl)cyclohexanone

(trade or other name: methoxetamine);

Ibogaine (some trade or other names: 7-Ethyl-6,

6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-

pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);

5-iodo-2-aminoindane (5-IAI);

Mescaline;

5-methoxy-3, 4-methylenedioxy amphetamine;

4-methoxyamphetamine (some trade or other

names: 4-methoxy-alpha-methylphenethylamine;

paramethoxyamphetamine; PMA);

4-methoxymethamphetamine (PMMA);

2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone

(some trade and other names: 2-MeO-ketamine; methoxyketamine);

1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,

PPMP);

4-methyl-2, 5-dimethoxyamphetamine (some trade

and other names: 4-methyl-2, 5-dimethoxy-alpha-

methylphenethylamine; "DOM"; "STP");

3,4-methylenedioxy methamphetamine (MDMA, MDM);

3,4-methylenedioxy amphetamine;

3,4-methylenedioxy N-ethylamphetamine (Also

known as N-ethyl MDA);

5,6-methylenedioxy-2-aminoindane (MDAI);

Nabilone (Another name for nabilone: (+)-trans-

3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,

6-dimethyl-9H-dibenzo[b,d] pyran-9-one;

N-benzylpiperazine (some trade or other

names: BZP; 1-benzylpiperazine);

N-ethyl-3-piperidyl benzilate;

N-hydroxy-3,4-methylenedioxyamphetamine (Also

known as N-hydroxy MDA);

4-methylaminorex;

N-methyl-3-piperidyl benzilate;

Parahexyl (some trade or other names: 3-Hexyl-1-

hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]

pyran; Synhexyl);

1-Phenylcyclohexylamine;

1-Piperidinocyclohexanecarbonitrile (PCC);

Pyrrolidine Analog of Phencyclidine (some trade

or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);

[
Tetrahydrocannabinols, other than marihuana, and

synthetic equivalents of the substances contained in the plant, or

in the resinous extractives of Cannabis, or synthetic substances,

derivatives, and their isomers with similar chemical structure and

pharmacological activity such as:

[
delta-1 cis or trans tetrahydrocannabinol,

and their optical isomers;

[
delta-6 cis or trans tetrahydrocannabinol,

and their optical isomers;

[
delta-3, 4 cis or trans

tetrahydrocannabinol, and its optical isomers; or

[
compounds of these structures, regardless

of numerical designation of atomic positions, since nomenclature of

these substances is not internationally standardized;
]

Thiophene Analog of Phencyclidine (some trade or

other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl

Analog of Phencyclidine; TPCP, TCP);

1-pyrrolidine (some trade or other name: TCPy);

1-(3-trifluoromethylphenyl)piperazine (trade or

other name: TFMPP); and

3,4,5-trimethoxy amphetamine;

(2) Phenylacetone (some trade or other

names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl

ketone);

(3) unless specifically excepted or unless listed in

another Penalty Group, a material, compound, mixture, or

preparation that contains any quantity of the following substances

having a potential for abuse associated with a depressant or

stimulant effect on the central nervous system:

Aminorex (some trade or other

names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-

phenyl-2-oxazolamine);

Amphetamine, its salts, optical isomers, and

salts of optical isomers;

Cathinone (some trade or other names: 2-amino-1-

phenyl-1-propanone, alpha-aminopropiophenone, 2-

aminopropiophenone);

Etaqualone and its salts;

Etorphine Hydrochloride;

Fenethylline and its salts;

Lisdexamfetamine, including its salts, isomers,

and salts of isomers;

Mecloqualone and its salts;

Methaqualone and its salts;

Methcathinone (some trade or other names: 2-

methylamino-propiophenone; alpha-(methylamino)propriophenone;

2-(methylamino)-1-phenylpropan-1-one; alpha-N-

methylaminopropriophenone; monomethylpropion; ephedrone, N-

methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR

1431);

N-Ethylamphetamine, its salts, optical isomers,

and salts of optical isomers; and

N,N-dimethylamphetamine (some trade or other

names: N,N,alpha-trimethylbenzeneethanamine;

N,N,alpha-trimethylphenethylamine), its salts, optical isomers,

and salts of optical isomers;

(4) any compound structurally derived from

2-aminopropanal by substitution at the 1-position with any

monocyclic or fused-polycyclic ring system, including:

(A) compounds further modified by:

(i) substitution in the ring system to any

extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or

halide substituents), whether or not further substituted in the

ring system by other substituents;

(ii) substitution at the 3-position with an

alkyl substituent; or

(iii) substitution at the 2-amino nitrogen

atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or

inclusion of the 2-amino nitrogen atom in a cyclic structure; and

(B) by example, compounds such as:

4-Methylmethcathinone (Also known as

Mephedrone);

3,4-Dimethylmethcathinone (Also known as

3,4-DMMC);

3-Fluoromethcathinone (Also known as 3-FMC);

4-Fluoromethcathinone (Also known as

Flephedrone);

3,4-Methylenedioxy-N-methylcathinone (Also

known as Methylone);

3,4-Methylenedioxypyrovalerone (Also known

as MDPV);

alpha-Pyrrolidinopentiophenone (Also known

as alpha-PVP);

Naphthylpyrovalerone (Also known as

Naphyrone);

alpha-Methylamino-valerophenone (Also known

as Pentedrone);

beta-Keto-N-methylbenzodioxolylpropylamine

(Also known as Butylone);

beta-Keto-N-methylbenzodioxolylpentanamine

(Also known as Pentylone);

beta-Keto-Ethylbenzodioxolylbutanamine

(Also known as Eutylone); and

3,4-methylenedioxy-N-ethylcathinone (Also

known as Ethylone);

(5) any compound structurally derived from tryptamine

(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:

(A) by modification in any of the following ways:

(i) by substitution at the amine nitrogen

atom of the sidechain to any extent with alkyl or alkenyl groups or

by inclusion of the amine nitrogen atom of the side chain (and no

other atoms of the side chain) in a cyclic structure;

(ii) by substitution at the carbon atom

adjacent to the nitrogen atom of the side chain (alpha-position)

with an alkyl or alkenyl group;

(iii) by substitution in the 6-membered

ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,

alkylenedioxy, or halide substituents; or

(iv) by substitution at the 2-position of

the tryptamine ring system with an alkyl substituent; and

(B) including:

(i) ethers and esters of the controlled

substances listed in this subdivision; and

(ii) by example, compounds such as:

alpha-ethyltryptamine;

alpha-methyltryptamine;

Bufotenine (some trade and other names:

3-(beta-Dimethylaminoethyl)-5-hydroxyindole;

3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;

5-hydroxy-N, N- dimethyltryptamine; mappine);

Diethyltryptamine (some trade and

other names: N, N-Diethyltryptamine, DET);

Dimethyltryptamine (trade or other

name: DMT);

5-methoxy-N, N-diisopropyltryptamine

(5-MeO-DiPT);

O-Acetylpsilocin (Trade or other name:

4-Aco-DMT);

Psilocin; and

Psilocybin;

(6) 2,5-Dimethoxyphenethylamine and any compound

structurally derived from 2,5-Dimethoxyphenethylamine by

substitution at the 4-position of the phenyl ring to any extent

(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide

substituents), including, by example, compounds such as:

4-Bromo-2,5-dimethoxyphenethylamine (trade or

other name: 2C-B);

4-Chloro-2,5-dimethoxyphenethylamine (trade or

other name: 2C-C);

2,5-Dimethoxy-4-methylphenethylamine (trade or

other name: 2C-D);

4-Ethyl-2,5-dimethoxyphenethylamine (trade or

other name: 2C-E);

4-Iodo-2,5-dimethoxyphenethylamine (trade or

other name: 2C-I);

2,5-Dimethoxy-4-nitrophenethylamine (trade or

other name: 2C-N);

2,5-Dimethoxy-4-(n)-propylphenethylamine (trade

or other name: 2C-P);

4-Ethylthio-2,5-dimethoxyphenethylamine (trade

or other name: 2C-T-2);

4-Isopropylthio-2,5-dimethoxyphenethylamine

(trade or other name: 2C-T-4); and

2,5-Dimethoxy-4-(n)-propylthiophenethylamine

(trade or other name: 2C-T-7); and

(7) 2,5-Dimethoxyamphetamine and any compound

structurally derived from 2,5-Dimethoxyamphetamine by substitution

at the 4-position of the phenyl ring to any extent (including alkyl,

alkoxy, alkylenedioxy, haloalkyl, or halide substituents),

including, by example, compounds such as:

4-Ethylthio-2,5-dimethoxyamphetamine (trade or

other name: Aleph-2);

4-Isopropylthio-2,5-dimethoxyamphetamine (trade

or other name: Aleph-4);

4-Bromo-2,5-dimethoxyamphetamine (trade or other

name: DOB);

4-Chloro-2,5-dimethoxyamphetamine (trade or

other name: DOC);

2,5-Dimethoxy-4-ethylamphetamine (trade or other

name: DOET);

4-Iodo-2,5-dimethoxyamphetamine (trade or other

name: DOI);

2,5-Dimethoxy-4-methylamphetamine (trade or

other name: DOM);

2,5-Dimethoxy-4-nitroamphetamine (trade or other

name: DON);

4-Isopropyl-2,5-dimethoxyamphetamine (trade or

other name: DOIP); and

2,5-Dimethoxy-4-(n)-propylamphetamine (trade or

other name: DOPR).

SECTION 8. Subchapter D, Chapter 481, Health and Safety

Code, is amended by adding Section 481.1032 to read as follows:

Sec.

481.1032.

PENALTY GROUP 2-B. (a) Penalty Group 2-B

consists of any quantity of the following substances, their salts,

isomers, and salts of isomers, unless specifically excepted, if the

existence of these salts, isomers, and salts of isomers is possible

within the specific chemical designation:

Tetrahydrocannabinols, other than marihuana, and

synthetic equivalents of the substances contained in the plant, or

in the resinous extractives of Cannabis, or synthetic substances,

derivatives, and their isomers with similar chemical structure and

pharmacological activity such as:

delta-1 cis or trans tetrahydrocannabinol, and

their optical isomers;

delta-6 cis or trans tetrahydrocannabinol, and

their optical isomers;

delta-3, 4 cis or trans tetrahydrocannabinol, and

their optical isomers; or

compounds of these structures, regardless of

numerical designation of atomic positions, since nomenclature of

these substances is not internationally standardized.

(b)

For the purposes of this section, the term "isomer"

includes an optical, position, or geometric isomer.

SECTION 9. Section 481.106, Health and Safety Code, is

amended to read as follows:

Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE

ANALOGUE. For the purposes of the prosecution of an offense under

this subchapter involving the manufacture, delivery, or possession

of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [
and
] 2-A
,

and 2-B
include a controlled substance analogue that:

(1) has a chemical structure substantially similar to

the chemical structure of a controlled substance listed in the

applicable penalty group; or

(2) is specifically designed to produce an effect

substantially similar to, or greater than, a controlled substance

listed in the applicable penalty group.

SECTION 10. The heading to Section 481.113, Health and

Safety Code, is amended to read as follows:

Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE

IN PENALTY GROUP 2
,
[
OR
] 2-A
, OR 2-B
.

SECTION 11. Section 481.113(a), Health and Safety Code, is

amended to read as follows:

(a) Except as authorized by this chapter, a person commits

an offense if the person knowingly manufactures, delivers, or

possesses with intent to deliver a controlled substance listed in

Penalty Group 2
,
[
or
] 2-A
, or 2-B
.

SECTION 12. Section 481.115(h), Health and Safety Code, is

amended to read as follows:

(h) The defense to prosecution provided by Subsection (g) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.1151(b)(1),

481.116(b), 481.1161(b)(1)
, (1-a),
or (2), 481.117(b), 481.118(b),

or 481.121(b)(1)
, (1-a),
or (2), or an offense under Section

481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.1151(c), 481.116(f), 481.1161(c),

481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to the possible

overdose of the actor or another person.

SECTION 13. Section 481.1151(d), Health and Safety Code, is

amended to read as follows:

(d) The defense to prosecution provided by Subsection (c) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.116(b), 481.1161(b)(1)
, (1-a),
or (2), 481.117(b), 481.118(b),

or 481.121(b)(1)
, (1-a),
or (2), or an offense under Section

481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.116(f), 481.1161(c),

481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 14. Section 481.116(g), Health and Safety Code, is

amended to read as follows:

(g) The defense to prosecution provided by Subsection (f) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.1161(b)(1)
, (1-a),
or (2), 481.117(b),

481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an offense under

Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.1161(c),

481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 15. The heading to Section 481.1161, Health and

Safety Code, is amended to read as follows:

Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY

GROUP 2-A
OR 2-B
.

SECTION 16. Sections 481.1161(a), (b), (c), and (d), Health

and Safety Code, are amended to read as follows:

(a) Except as authorized by this chapter, a person commits

an offense if the person knowingly possesses a controlled substance

listed in Penalty Group 2-A
or 2-B
, unless the person obtained the

substance directly from or under a valid prescription or order of a

practitioner acting in the course of professional practice.

(b) An offense under this section is:

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

controlled substance possessed is, by aggregate weight, including

adulterants or dilutants, one ounce or less;

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

controlled substance possessed is, by aggregate weight, including

adulterants or dilutants, two ounces or less
but more than one

ounce
;

(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;

(4) a felony of the third degree 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.

(c) It is a defense to prosecution for an offense punishable

under Subsection (b)(1)
, (1-a),
or (2) that the actor:

(1) was the first person to request emergency medical

assistance in response to the possible overdose of another person

and:

(A) made the request for medical assistance

during an ongoing medical emergency;

(B) remained on the scene until the medical

assistance arrived; and

(C) cooperated with medical assistance and law

enforcement personnel; or

(2) was the victim of a possible overdose for which

emergency medical assistance was requested, by the actor or by

another person, during an ongoing medical emergency.

(d) The defense to prosecution provided by Subsection (c) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or

481.121(b)(1)
, (1-a),
or (2), or an offense under Section

481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 17. Section 481.117(g), Health and Safety Code, is

amended to read as follows:

(g) The defense to prosecution provided by Subsection (f) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an offense under

Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 18. Section 481.118(g), Health and Safety Code, is

amended to read as follows:

(g) The defense to prosecution provided by Subsection (f) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), or 481.121(b)(1)
, (1-a),
or (2), or an offense under

Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 19. Section 481.119(d), Health and Safety Code, is

amended to read as follows:

(d) The defense to prosecution provided by Subsection (c) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), 481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an

offense under Section 481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to

the possible overdose of the actor or another person.

SECTION 20. Sections 481.121(b), (c), and (d), Health and

Safety Code, are amended to read as follows:

(b) An offense under Subsection (a) is:

(1)
a Class C misdemeanor if the amount of marihuana

possessed is one ounce or less;

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

possessed is two ounces or less
but more than one ounce
;

(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;

(4) a felony of the third degree 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.

(c) It is a defense to prosecution for an offense punishable

under Subsection (b)(1)
, (1-a),
or (2) that the actor:

(1) was the first person to request emergency medical

assistance in response to the possible overdose of another person

and:

(A) made the request for medical assistance

during an ongoing medical emergency;

(B) remained on the scene until the medical

assistance arrived; and

(C) cooperated with medical assistance and law

enforcement personnel; or

(2) was the victim of a possible overdose for which

emergency medical assistance was requested, by the actor or by

another person, during an ongoing medical emergency.

(d) The defense to prosecution provided by Subsection (c) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), or 481.118(b), or an offense under Section 481.119(b),

481.125(a), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to the possible

overdose of the actor or another person.

SECTION 21. Section 481.122(a), Health and Safety Code, is

amended to read as follows:

(a) A person commits an offense if the person knowingly

delivers a controlled substance listed in Penalty Group 1, 1-A,

1-B, 2,
2-A, 2-B,
or 3 or knowingly delivers marihuana and the

person delivers the controlled substance or marihuana to a person:

(1) who is a child;

(2) who is enrolled in a public or private primary or

secondary school; or

(3) who the actor knows or believes intends to deliver

the controlled substance or marihuana to a person described by

Subdivision (1) or (2).

SECTION 22. Section 481.124(d), Health and Safety Code, is

amended to read as follows:

(d) An offense under this section is:

(1) a felony of the second degree if the controlled

substance is listed in Penalty Group 1, 1-A, or 1-B;

(2) a felony of the third degree if the controlled

substance is listed in Penalty Group 2
, 2-A, or 2-B
;

(3) a state jail felony if the controlled substance is

listed in Penalty Group 3 or 4; or

(4) a Class A misdemeanor if the controlled substance

is listed in a schedule by an action of the commissioner under this

chapter but not listed in a penalty group.

SECTION 23. Section 481.125(h), Health and Safety Code, is

amended to read as follows:

(h) The defense to prosecution provided by Subsection (g) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), 481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an

offense under Section 481.119(b), 483.041(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 483 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),

483.041(e), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to the possible

overdose of the actor or another person.

SECTION 24. Section 481.134(f), Health and Safety Code, is

amended to read as follows:

(f) An offense otherwise punishable under Section

481.1161(b)(1-a),
481.118(b), 481.119(b), 481.120(b)(1), or

481.121(b)(1-a)
[
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 25. Section 483.041(f), Health and Safety Code, is

amended to read as follows:

(f) The defense to prosecution provided by Subsection (e) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), 481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an

offense under Section 481.119(b), 481.125(a), or 485.031(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 481 or 485;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),

481.125(g), or 485.031(c); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to the possible

overdose of the actor or another person.

SECTION 26. Section 485.031(d), Health and Safety Code, is

amended to read as follows:

(d) The defense to prosecution provided by Subsection (c) is

not available if:

(1) at the time the request for emergency medical

assistance was made:

(A) a peace officer was in the process of

arresting the actor or executing a search warrant describing the

actor or the place from which the request for medical assistance was

made; or

(B) the actor is committing another offense,

other than an offense punishable under Section 481.115(b),

481.1151(b)(1), 481.116(b), 481.1161(b)(1)
, (1-a),
or (2),

481.117(b), 481.118(b), or 481.121(b)(1)
, (1-a),
or (2), or an

offense under Section 481.119(b), 481.125(a), or 483.041(a);

(2) the actor has been previously convicted of or

placed on deferred adjudication community supervision for an

offense under this chapter or Chapter 481 or 483;

(3) the actor was acquitted in a previous proceeding

in which the actor successfully established the defense under that

subsection or Section 481.115(g), 481.1151(c), 481.116(f),

481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),

481.125(g), or 483.041(e); or

(4) at any time during the 18-month period preceding

the date of the commission of the instant offense, the actor

requested emergency medical assistance in response to the possible

overdose of the actor or another person.

SECTION 27. Sections 551.003(11) and (12), Occupations

Code, are amended to read as follows:

(11) "Controlled substance" means a substance,

including a drug:

(A) listed in Schedule I, II, III, IV, or V, as

established by the commissioner of public health under Chapter 481,

Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2,
2-A,

2-B,
3, or 4, Chapter 481; or

(B) included in Schedule I, II, III, IV, or V of

the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. Section 801 et seq.).

(12) "Dangerous drug" means a drug or device that:

(A) is not included in Penalty Group 1, 1-B, 2,

2-A, 2-B,
3, or 4, Chapter 481, Health and Safety Code, and is

unsafe for self-medication; or

(B) bears or is required to bear the legend:

(i) "Caution: federal law prohibits

dispensing without prescription" or "Rx only" or another legend

that complies with federal law; or

(ii) "Caution: federal law restricts this

drug to use by or on the order of a licensed veterinarian."

SECTION 28. Section 521.371(3), Transportation Code, is

amended to read as follows:

(3) "Drug offense" has the meaning assigned under 23

U.S.C. Section 159(c) and includes an offense under Section 49.04,

49.07, or 49.08, Penal Code, that is committed as a result of the

introduction into the body of any substance the possession of which

is prohibited under the Controlled Substances Act.
The term does

not include an offense punishable by fine only under the laws of

this state.

SECTION 29. 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 was

committed before that date.

SECTION 30. This Act takes effect September 1, 2025.