S.B. No. 2028 seeks to amend the Texas Code of Criminal Procedure to reform the handling of offenses related to marihuana, 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 deferral process for adjudication for defendants charged with these offenses, provided they have not received a deferral in the past 12 months. Additionally, the bill establishes new expunction rights, allowing individuals to clear their records under certain conditions, such as dismissal of the complaint or acquittal, while imposing a $30 fee for processing expungement requests.

The legislation introduces a new section, 481.1032, to the Health and Safety Code, creating Penalty Group 2-B, which includes various controlled substances and their derivatives. It modifies the classification of offenses related to the manufacture, delivery, and possession of controlled substances, incorporating Penalty Group 2-B into existing legal frameworks and updating penalties based on the amount possessed. The bill also provides specific defenses for individuals seeking emergency medical assistance during drug overdoses, encouraging them to report such incidents without fear of legal repercussions. 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 (Health and Safety Code 481, Occupations Code 551, Transportation Code 521, Health and Safety Code 483, Government Code 411, Health and Safety Code 485)