House Bill No. 2871 seeks to amend the criminal penalties for marihuana possession in Texas by establishing a new classification system based on the quantity possessed. Under this bill, possession of two ounces or less is designated as a Class C misdemeanor, while possession of more than two ounces but less than four ounces is classified as a Class B misdemeanor. Additionally, possession of more than ten ounces but less than one pound is classified as a Class A misdemeanor, and possession of more than one pound but less than five pounds is categorized as a state jail felony. The bill also introduces provisions for community supervision eligibility and defenses against prosecution for individuals who seek emergency medical assistance during a drug-related overdose.

The bill further clarifies the conditions under which defenses to prosecution are available, particularly regarding emergency medical assistance requests. It specifies that these defenses are not applicable if the individual has a prior conviction for similar offenses or if they were committing another offense at the time of the emergency request. The amendments aim to provide clearer guidelines for law enforcement and the judicial system while addressing public health concerns related to drug overdoses. The changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, although certain amendments will apply to offenses committed before, on, or after the effective date.

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)