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Bill

HB 2871

Relating to the criminal penalties for possession of marihuana; changing the eligibility for community supervision.

89th Legislature (2025) Introduced by Josey Garcia

HB 2871 reduces criminal penalties for marijuana possession and expands community supervision eligibility in Texas to decrease incarceration for drug offenses.

Referred directly to subcommittee by chair
#crimes--drugs(i0185) #mandatory&communitysupervision(s2314) #marihuana(s3105)
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WeVote Research Nonpartisan
Bill Summary · HB 2871

Legislative bill overview

HB 2871 modifies Texas criminal penalties for marijuana possession and expands eligibility for community supervision (probation) as an alternative to incarceration. The bill appears designed to reduce incarceration rates for lower-level drug offenses by allowing more defendants to serve sentences in the community rather than prison.

Why is this important

Marijuana possession charges significantly impact Texas's incarceration and criminal justice costs, affecting thousands of defendants annually. Changes to sentencing options influence both individual outcomes and broader criminal justice resource allocation, particularly affecting communities disproportionately impacted by drug enforcement.

Potential points of contention

  • Sentencing philosophy debate: Critics may argue reduced penalties weaken deterrence, while supporters contend overcriminalization creates unnecessary incarceration costs and collateral consequences
  • Public safety concerns: Law enforcement groups may worry expanded community supervision options compromise public safety, though supporters note most marijuana offenders pose minimal risk
  • Implementation consistency: Prosecutors and judges may have varying interpretations of new community supervision eligibility, creating geographic disparities in how the law is applied

Compiled from official sources — confirm details with the bill’s official record.

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