House Bill No. 2871 proposes significant amendments to the Health and Safety Code concerning the criminal penalties for marihuana possession and the eligibility for community supervision. The bill reclassifies marihuana possession penalties, designating possession of two ounces or less 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, it introduces a new classification for possession of more than four ounces but less than ten ounces as a Class B misdemeanor, and possession of more than ten ounces but less than one pound as a Class A misdemeanor. The bill also modifies the defense to prosecution for individuals seeking emergency medical assistance during a drug-related overdose, allowing them to avoid prosecution under specific conditions.

Moreover, the bill amends various sections of the Code of Criminal Procedure to align with the new classifications and defenses. It clarifies that the defense to prosecution is not available if the individual has a prior conviction or is committing another offense at the time of requesting medical assistance. The amendments expand the list of offenses that disqualify an individual from using this defense, specifically including certain drug-related offenses. The changes will take effect on September 1, 2025, applying only to offenses committed on or after that date, while ensuring that certain sections remain applicable 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 (Health and Safety Code 485, Government Code 411, Health and Safety Code 481, Health and Safety Code 483)