HBA-KMH H.B. 2018 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2018 By: Farabee Criminal Jurisprudence 4/19/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no substantial penalty for the offender who is repeatedly convicted for possession of small amounts of marihuana. An offender is routinely placed in county jail without being required to attend drug treatment or drug education programs in order to deter further violations. Studies have suggested that marihuana is a "gate-way" drug, (one that leads to more serious drug use and addiction). State jails offer drug education programs for inmates. In addition, the stiffer penalty may provide a further deterrent and decrease recidivism. H.B. 2018 raises the penalty for an offense of possession of marihuana to a state jail felony if the amount of marihuana is four ounces or less and the person has been at least twice convicted previously of the same or similar offenses involving marihuana. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 481.121(b), Health and Safety Code, to raise the penalty for an offense under this section to a state jail felony if the quantity of marihuana possessed is four ounces or less and it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section (Offense: Possession of Marihuana), Section 481.120 (Offense: Delivery of Marihuana), or Section 481.122 (Offense: Delivery of Controlled Substance or Marihuana to Minor), or any combination of those offenses. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.