H.B. No. 3242 seeks to reform the legal framework regarding the possession of marihuana, tetrahydrocannabinols, synthetic cannabinoids, and drug paraphernalia in Texas. The bill mandates that peace officers issue citations instead of making arrests for specific offenses related to marihuana possession under the Health and Safety Code. It introduces a deferred adjudication process for defendants charged with these offenses, allowing judges to defer proceedings without a guilty verdict if the defendant has not previously received a deferral for a similar offense within the past year. Additionally, the bill establishes a new subchapter for expunctions, enabling individuals to have their records cleared if their complaints are dismissed or if they are acquitted, with a $30 fee for processing expungement requests.
The legislation also creates a new classification, Penalty Group 2-B, which encompasses various controlled substances and their derivatives, particularly those affecting the central nervous system. It amends existing laws to incorporate this classification and clarifies definitions related to controlled substance analogues, updating penalties for possession based on quantity. Furthermore, the bill provides specific defenses for individuals seeking emergency medical assistance during overdose situations, ensuring that those who call for help and cooperate with authorities are protected from prosecution under certain conditions. The changes will apply only to offenses committed on or after the effective date of the Act, set for September 1, 2025.
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 (Transportation Code 521, Health and Safety Code 481, Health and Safety Code 483, Health and Safety Code 485, Government Code 411, Occupations Code 551)