H.B. No. 3242 seeks to reform the legal framework regarding the possession of marihuana, certain tetrahydrocannabinols, synthetic cannabinoids, and drug paraphernalia in Texas. The bill mandates that peace officers issue citations instead of making arrests for specific offenses under the Health and Safety Code related to marihuana possession. It introduces provisions for deferred disposition of charges for certain offenses, contingent on the defendant's prior deferral history, and requires courts to inform defendants of their expunction rights when a complaint is dismissed. Additionally, the bill establishes a new subchapter for expunctions, allowing individuals charged with specific offenses to have their records expunged under certain conditions, while introducing a $30 fee for notifying state agencies of expungement orders.

The legislation also introduces a new section, 481.1032, creating Penalty Group 2-B, which includes various controlled substances and their derivatives, and modifies the classification of offenses related to the manufacture, delivery, and possession of these substances. It updates penalties associated with possession in Penalty Groups 2-A and 2-B based on the amount possessed. Furthermore, the bill provides specific defenses for individuals seeking emergency medical assistance during drug overdoses, encouraging cooperation with authorities while clarifying conditions under which this defense is not applicable. The changes in law will apply only to offenses committed on or after the effective date of the Act, set for September 1, 2025, aiming to enhance public safety and legal clarity surrounding drug-related offenses.

Statutes affected:
Introduced: Government Code 411.0728, Health and Safety Code 481.002, Health and Safety Code 481.103, Health and Safety Code 481.106, Health and Safety Code 481.113, 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 481.121, Health and Safety Code 481.122, Health and Safety Code 481.124, Health and Safety Code 481.125, Health and Safety Code 481.134, Health and Safety Code 483.041, Health and Safety Code 485.031, Occupations Code 551.003, Transportation Code 521.371 (Health and Safety Code 481, Health and Safety Code 485, Occupations Code 551, Health and Safety Code 483, Government Code 411, Transportation Code 521)