Bill
HB 81
85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Civil Remedies
Crimes
Juvenile Justice
Overcriminalization
Vote Recommendation
Yes
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Neutral
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Neutral
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Positive
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Positive
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Neutral
Author(s)
Joe Moody
Bill Caption
Relating to the civil and criminal penalties for possession of
certain small amounts of marihuana and an exception to prosecution
for possession of associated drug paraphernalia; creating a
criminal offense.
Fiscal Notes
Estimated Two-year Net Impact to General Revenue Related Funds for HB81, Committee
Report 1st House, Substituted: a positive impact of $4,266,206 through the biennium ending
August 31, 2019.
The bill would make no appropriation but could provide the legal basis for an appropriation of
funds to implement the provisions of the bill.
Bill Analysis
This
bill modifies several parts of the code and would make the possession of up to
one ounce of marijuana a civil penalty. Current law considers possession of two
ounces or less a Class B misdemeanor. HB 81 would make the possession of between
one to two ounces a Class B misdemeanor and would establish a civil penalty for
possession of up to one ounce of marijuana and the associated
paraphernalia.
The civil penalty could not exceed $250 and would not be considered a criminal
conviction. In addition, an officer could not make an arrest solely for this
civil infraction, but would issue a citation to appear before a court. The citation
would be required to notify the person that they would be subject to a Class C misdemeanor
if they have been previously assessed a civil penalty. The court may wave the
fine for indigent individuals and for those who commit to a substance abuse
program or community service. If passed, a violation under this law would be
considered delinquent conduct in juvenile courts.
If during a civil proceeding under this bill, the court finds that a person has
been assessed a civil penalty one or two previous times, the court would be
required to order the person to attend a substance abuse education program, in
addition to their civil penalty.
If this bill passes, and if someone has been assessed three previous civil penalties,
and if they are found to knowingly be in possession of one ounce or less of
marijuana, they would be subject to a Class C misdemeanor.
Vote Recommendation Notes
By making possession of small amounts of marijuana a civil infraction the state would free up resources for more serious crimes and would reduce Texas’ burden of overcriminalization thus supporting our principle of limited government. This bill supports our liberty principle of personal responsibility, by holding marijuana users responsible for breaking the law by holding them accountable at a more appropriate level for a low-level nonviolent offense. We support this legislation.
Organizations Supporting
American Civil Liberties Union of Texas
Organizations Opposed
Sheriffs' Association of Texas
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