Texas § HS.481.1151 - OFFENSE

§ HS.481.1151. OFFENSE

OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A. (b) An offense under this section is: (1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20; (2) a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80; (3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; (4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and (5) a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more. (c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor: (1) was the first person to request emergency medical assistance in response to the possible overdose of another person and: (A) made the request for medical assistance during an ongoing medical emergency; (B) remained on the scene until the medical assistance arrived; and (C) cooperated with medical assistance and law enforcement personnel; or (2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency. (d) The defense to prosecution provided by Subsection (c) is not available if: (1) at the time the request for emergency medical assistance was made: (A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or (B) the actor is committing another offense, other than an offense punishable under Section 481.115 (b), 481.116 (b), 481.1161 (b)(1) or (2), 481.117 (b), 481.118 (b), or 481.121 (b)(1) or (2), or an offense under Section 481.119 (b), 481.125 (a), 483.041 (a), or 485.031 (a); (2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485 ; (3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115 (g), 481.116 (f), 481.1161 (c), 481.117 (f), 481.118 (f), 481.119 (c), 481.121 (c), 481.125 (g), 483.041 (e), or 485.031 (c); or (4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person. (e) The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available. Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1, 1998. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 25.100, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 808 (H.B. 1694 ), Sec. 3, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6 ), Sec. 10, eff. September 1, 2023.