House Bill No. 2871 seeks to amend the criminal penalties for marihuana possession in Texas by introducing new classifications based on the quantity possessed. Specifically, possession of more than 4 ounces but 10 ounces or less will be classified as a Class B misdemeanor, while possession exceeding 10 ounces but less than 1 pound will be classified as a Class A misdemeanor. The bill also establishes a state jail felony for possession of more than 1 pound but less than 5 pounds, and it further clarifies penalties for larger amounts.

In addition to modifying penalties, the bill expands the defenses available for individuals charged with marihuana-related offenses. It allows a defense for those who are the first to request emergency medical assistance during a drug overdose, provided they remain on the scene and cooperate with authorities. However, this defense will not apply if a peace officer is arresting the individual or executing a search warrant at the time of the request, or if the individual is committing another offense, with certain exceptions. The bill's provisions will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, while ensuring that existing convictions prior to this date remain unaffected.

Statutes affected:
Introduced: Health and Safety Code 481.121, Government Code 411.0728, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.119, Health and Safety Code 481.125, Health and Safety Code 481.134, Health and Safety Code 483.041, Health and Safety Code 485.031 (Government Code 411, Health and Safety Code 483, Health and Safety Code 481, Health and Safety Code 485)