By: Jones of Harris	H.B. No. 4914

	A BILL TO BE ENTITLED
	AN ACT
	relating to removing criminal penalties for possession of certain
	small amounts of controlled substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.115(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a state jail felony
	if the amount of the controlled substance possessed is, by
	aggregate weight, including adulterants or dilutants, less than one
	gram.
	(c)An offense under Subsection (a) is a felony of the third
	degreeClass B misdemeanor 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.
	(d)An offense under Subsection (a) is a felony of the second
	degreeClass A misdemeanor if the amount of the controlled
	substance possessed is, by aggregate weight, including adulterants
	or dilutants, four grams or more but less than 200 grams.
	SECTION 2.  Section 481.116(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a state jail felony
	if the amount of the controlled substance possessed is, by
	aggregate weight, including adulterants or dilutants, less than one
	gram.
	(c)An offense under Subsection (a) is a felony of the third
	degreeClass B misdemeanor 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.
	(d)An offense under Subsection (a) is a felony of the second
	degreeClass A misdemeanor if the amount of the controlled
	substance possessed is, by aggregate weight, including adulterants
	or dilutants, four grams or more but less than 200 grams.
	SECTION 3.  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 but more than 1 gram;
	(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)  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 4.  Section 481.117(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class B misdemeanor
	if the amount of the controlled substance possessed is, by
	aggregate weight, including adulterants or dilutants, less than 4
	grams but more than 1 grams.
	(b)(c)  An offense under Subsection (a) is a Class A
	misdemeanor if the amount of the controlled substance possessed is,
	by aggregate weight, including adulterants or dilutants, less than
	28 grams but more than 4 grams.
	(c)(d)  An offense under Subsection (a) is a felony of the
	third degree 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.
	(d)(e)  An offense under Subsection (a) is a felony of the
	second degree, if the amount of the controlled substance possessed
	is, by aggregate weight, including adulterants or dilutants, 200
	grams or more but less than 400 grams.
	(e)(f)  An offense under Subsection (a) is 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 five 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, 400 grams or more.
	(f)(g)  It is a defense to prosecution for an offense
	punishable under Subsection (b) 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.
	(g)(h)  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) or (2), 481.118(b), or
	481.121(b)(1) 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.
	(h)(i) The defense to prosecution provided by Subsection (f)
	does not preclude the admission of evidence obtained by law
	enforcement resulting from the request for emergency medical
	assistance if that evidence pertains to an offense for which the
	defense described by Subsection (f) is not available.
	SECTION 5.  Section 481.118(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class B misdemeanor
	if the amount of the controlled substance possessed is, by
	aggregate weight, including adulterants or dilutants, less than 28
	grams but more than 1 gram.
	SECTION 6.  Section 481.119(b), Health and Safety Code, is
	amended to read as follows:
	(b) A person commits an offense if the person knowingly or
	intentionally possesses a controlled substance in an amount
	exceeding 1 gram listed in a schedule by an action of the
	commissioner under this chapter but not listed in a penalty group.
	An offense under this subsection is a Class B misdemeanor.
	SECTION 7.  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 but more than 1 gram;
	(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)  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 8.  The change in law made by this Act applies 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 9.  This Act takes effect September 1, 2023.