S.B. No. 2028 seeks to amend the Texas Code of Criminal Procedure to reform the handling of offenses related to marijuana, certain tetrahydrocannabinols, synthetic cannabinoids, and drug paraphernalia. The bill mandates that peace officers issue citations instead of making arrests for specific offenses under the Health and Safety Code, unless the arrest is for a different offense. It also introduces a deferred disposition process for defendants charged with these offenses, allowing judges to defer proceedings without a guilty adjudication if the defendant has not previously received a deferral for similar offenses within the past year. Additionally, the bill establishes a new subchapter on expunctions, enabling individuals to have their records expunged if their complaints are dismissed or if they are acquitted, with a processing fee of $30 for expungement requests.

Moreover, the bill creates a new classification, Penalty Group 2-B, which encompasses various controlled substances and their derivatives, particularly those with potential for abuse affecting the central nervous system. It modifies existing laws to incorporate this new penalty group into the prosecution framework for controlled substance offenses, clarifying definitions and expanding penalties based on the quantity possessed. The legislation also introduces specific defenses for individuals seeking emergency medical assistance during an overdose, while updating classifications for marijuana possession offenses. These changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, preserving the applicability of previous laws for earlier 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 485, Government Code 411, Health and Safety Code 483, Health and Safety Code 481, Transportation Code 521, Occupations Code 551)