HB 513 and SB 645 penalty increase bills scheduled for committee hearings.

This article has been updated to note a rescheduled hearing for SB 645.

SB 645 is by Senator Huffman and relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

HB 513 is by Rep. Metcalf and described as relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

Note that both bills are for increasing penalties. Both bills look to make the penalties for possession or delivery of marijuana face steeper penalties that was is currently in place for the law. The language for HB513 states that

the person to whom the actor delivered the controlled substance or marihuana died or
suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person’s body any amount of the controlled substance or marihuana manufactured or delivered by the
actor, regardless of whether the controlled substance or marihuana was used by itself or with another substance, including a drug, adulterant, or dilutant.

HB 513 of 88th regular legislative session of Texas

This is practically repeated again in the bill to highlight two different scenarios. The first is that if you are the person that delivered it to the person that suffers the injury, it is a first degree felony charge. The second is if you are a person involved in the manufacture or delivery process, it will be a second degree felony charge.

This may seem appropriate on the surface that if you give someone a substance and it kills them or seriously injures them, that you should face serious charges. The law does not define what serious injury means though. Could a court say that someone that smoke marijuana has serious injury to their lungs from smoke inhalation simply because the court has a doctor willing to say that smoke of any kind causes serious injury?

SB 645 is simply increasing the penalties for possession of higher amounts of concentrates and flower. This bill could be a gateway to adding things like delta-8. That’s not a guarantee, but it is not an unfamiliar move in the Senate with things like this.

SB 645 has been rescheduled for March 7th in the Criminal Justice Committee, and HB 513 is scheduled for Tuesday Feb 28th in the Criminal Jurisprudence Committee (same day as HB 218).

How can your voice be heard if you cannot attend these hearings?

1). Visit wrm.capitol.texas.gov/home link.
2). Find out who your Texas State Representative and Senator are by entering your address.
3). Get their contact info (email & Capitol phone number – Google is your friend here)
4). Contact their offices stating you are a constituent of their district, and your position on HB 513 and SB 645.

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