HBA-AMW H.B. 1028 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1028 By: Wilson Criminal Jurisprudence 4/2/2001 Introduced BACKGROUND AND PURPOSE Under current law, the penalties for possession of marihuana range from 180-day confinement for possession of two ounces or less of marihuana to imprisonment in the institutional division of the Texas Department of Criminal Justice for life for possession of more than 2,000 pounds of marihuana. In addition, current law does not delineate between the possession of marihuana and the possession of concentrated cannabis, which is the separated resin, whether crude or purified, obtained from marihuana. House Bill 1028 lessens the penalties for the possession of marihuana, delineates between possession of marihuana and possession of concentrated cannabis, and establishes community supervision requirements for certain repeat offenders of possession of marihuana or of concentrated cannabis. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1028 amends the Health and Safety Code and the Code of Criminal Procedure to modify the penalties for possession of marihuana. The bill delineates between possession of concentrated cannabis and possession of other forms of marihuana. The bill defines "concentrated cannabis" to mean the separated resin, whether crude or purified, obtained from marihuana. The bill provides that it is a Class B misdemeanor for possession of any amount of concentrated cannabis. The bill also decreases from a Class B misdemeanor to a Class C misdemeanor the penalty for possession of two ounces or less of marihuana . The bill provides that the penalty for possession of more than two ounces of marihuana is a Class B misdemeanor regardless of the amount of marihuana possessed. The bill requires a defendant in a criminal action regarding possession of marihuana pending on or commenced on or after September 1, 2001, if adjudged guilty, to be assessed these penalties if the defendant files a written motion with the trial court before the sentencing hearing begins. H.B. 1028 removes possession of marihuana from provisions regarding the expenditure of funds knowingly derived from certain offenses and enhanced penalties for offenses in a drug free zone. The bill amends the Code of Criminal Procedure to require a court granting community supervision to a defendant convicted three or more times within a two-year period of possession of marihuana to require as a condition of community supervision that the defendant attend an education, treatment, or rehabilitation program for drug offenders as specified or approved by the judge or the community supervision and corrections department officer supervising the defendant. The bill requires the judge to suspend the imposition of the fine applicable to the marihuana possession offense if a defendant is placed on community supervision and requires the fine to be dismissed if the defendant successfully completes the education, treatment, or rehabilitation program. EFFECTIVE DATE September 1, 2001.