HOUSE COMMITTEE ON CRIMINAL JURISPRUDENCE

Hearing Date: April 6, 2021 1:00 PM - or upon final adjourn./recess or bill referral if permission granted Printed on: April 8, 2021 2:10 PM COMMENTS FOR: HB 439

2020-2028 TX-LIBERTARIAN/CENTRIST Rickey Morris Jr, Presidential Candidate NLECO NEW LEVELS ENTERTAINMENT COMPANY LLC 40 CYPRESS CREEK PKWY; 317 Houston, TX 77090 (800) 414-8013

#cutthecheck #endthewaronhumans #nomorewar #EconomyforAll #endpolicebrutality #endthewarondrugs #endprisonprofitsonhumanabuse #reperationsforall #wearethefuture #weareone #governmentforthepeoplebythepeople #godblessusall #godsaveusall #healthylifestyle #healthyfood #coronavirusisstillkillingpeople #americanrescueplan #$5Kperpersonpermonthreccurringretroactive

Kimberly Phipps-Nichol self 3726 Lake St Houston, TX 77098 (775) 560-2612

On the penalty reduction and legalization fronts there are several bills to debate in the Criminal Jurisprudence Committee. Not sure what may be able to be combined with the multitude, but it is long past time for to be as gung-ho about supporting citizen’s cannabis civil liberties as they are about all their other freedoms. Please support, as early as possible, any of these bills that would drive equitable, responsible and just change for the good of Texans. And please don’t get distracted by the mis- information often shared by police and sheriff’s unions relative to crime and teenage use/gateway drugs. It amounts to fear- mongering and has been disproven by numerous quality sources. As Judge Delaney reminds us, the collateral damage done by the punitive laws around cannabis is far too great a price to pay for a plant.

Veronica Vella Self 1153 Florida Ave Corpus Christi, TX 78404 (361) 673-2211

I have been suffering with fibromyalgia, chronic fatigue, muscle spasms, nerve damage, carpal tunnel, PTSD (from traumatic sexual, emotional, mental and physical abuse). I also suffer from depression and anxiety. I have been on several different pharmaceutical medications that have not helped me. Cannabis (Marijuana) has helped me so much more without the horrible side effects! It can help so many more who are suffering from a variety of illnesses!

Roy Grimes Self Student 280 Cedar Grove Trail Van Alstyne, TX 75495 (903) 818-1113

I support this bill

Page 1 of 20 COMMENTS FOR: HB 439

Laurie Zapinski self 12207 Waterford Run Way Manor, TX 78653 (512) 501-0939

Hi my name is Laurie Zapinski, I am a 53 year old mother, grandmother, homeowner, and technology worker. I have worked hard all my life raising my kids as a single mother. I am a productive member of society.

I was arrested for a insignificant amount of cannabis (3 grams) in a container in my purse, when I was in my late 30’s. I was treated like I was a violent offender, I spent the night in jail, and took a deal in court for another day in jail (for a total of 3 days, which included my arrest, in jail), had my license suspended, had to maintain a SR22 to get my license back and pay the fines to the DPS.

I have a class B misdemeanor possession of marijuana conviction. I was ridiculed by some for being “stupid” for using cannabis, been called a “stoner”, been told things like just imagine what you could have been. I have to disclose to any potential employer that I have been convicted of a class b misdemeanor for possession of marijuana. Any job I apply for I have to disclose that I have a record for possession.

I have type 2 diabetes with severe neuropathy. Cannabis works on my symptoms where prescription drugs have failed me.

My job requires that I am able to think, it requires a logical thought process. I do not take opioids for the neuropathy, due to severe reactions to it, and the side effects associated, so most of the time I am just in pain. Cannabis does not affect my ability to make decisions nor does it impair my ability to think, troubleshoot and analyze technical issues the way that prescriptions do, I am able to control the pain and function. HB63, would at the least change the laws so that even with a small amount of cannabis, up to an ounce, you would at the very least, not have a criminal record. There is no reason that taxpayers should pay $10,000, per arrest, when other states have not only decriminalized cannabis but legalized it and are building their economies, while Texans are left behind.

I now fight for my rights and for the rights of others, I spend time at the Capitol, I speak with our legislators, I put myself at risk because Texas needs to change. I am not a danger to society, I am not a danger to anyone!

I would urge you to consider the severity of the current laws when faced with making decisions regarding Cannabis regulations and not leave me as a criminal in the state of Texas. Again, I am not at danger to society. Thank you for your time and consideration.

Amber York Self 7719 CR 4801 Athens, TX 75752 (903) 203-8804

Gennesis 1:29-30 Then God said, “I give you every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. They will be yours for food. 30 And to all the beasts of the earth and all the birds in the sky and all the creatures that move along the ground—everything that has the breath of life in it—I give every green plant for food.” And it was so. God made this plant. Who are you to go against God? In God We Trust.

Haley Hunt self - business owner

Page 2 of 20 COMMENTS FOR: HB 439

1293 Harmon Hills Rd Dripping Springs, TX 78620 (432) 889-7848

This past year has been so hard on so many people. As a mother of 3 teenage girls, I have seen a drastic change in their anxiety, stress, depression and overall mental health. We have strongly supported them with counseling, medication adding/adjustments, anything we can do to lift them up and keep a positive drive in them....knowing there is a light at the end of the tunnel. Unfortunately, my oldest daughter who turned 17 in November 2020 was pulled over, arrested, searched and received a felony charge because of a THC pen - less than 1 gram. She is not a criminal, she made a bad choice and will now suffer harsh consequences because of those choices. I understand it is illegal (Federally and specifically in Texas) but I don't believe her receiving a felony charge helps in ANY way. She has a bright future ahead of her, she was hoping to take a gap year after graduating early December 2021 to travel and explore and hopefully find a better sense of self and purpose. Because of that one mistake, it could change her future forever. Even if she receives probation for the next 2 years because of the charge, I feel it is hindering any progress made. She is young, she will make mistakes, but the harsh penalties of a felony charge will follow her forever. Considering how the cannabis industry has changed over the last decade - I feel this needs to be adjusted. I appreciate your time, consideration and service.

Chris Griffith Self Product Manager 15008 Ravens Way Roanoke, TX 76262 (714) 495-0089

I support this legislation. Thank you for your consideration and service! kevin giles self- teacher 1205 EDD RD , TX 752534008 (972) 533-0065

I support this legislation. Thank you for your consideration and service but it is time to move on from this pointless war on people.

Laura Adams Self/retired teacher 1024 Fox River Lane Ft. Worth, TX 76120 (817) 247-9281

I support all legislation to decriminalization of Marijuana. It is time for Texas to legalize marijuana!

Wanda Lawson Self 330 WHISPERING PINE DR SCROGGINS, TX 75480 (903) 575-8063

I am a TCUP patient. THC has saved my life. The Texas laws are too strict for us with qualifying diagnosis. It has helped many of

Page 3 of 20 COMMENTS FOR: HB 439 my health issues that are not on the state list. Decriminalizing marijuana would help so many who suffer, such as myself...along with removing it from Schedule 1. Marijuana has never killed anyone, can't say that for RX drugs, cocaine, heroine, alcohol, and the like. It is a common sense issue, not Reefer Madness from ions ago. Decriminalization would be a huge step in moving forward to help those who suffer, the elderly, veterans, and the terminally ill. Let's move forward away from false information and get these 8 bills passed.

Jim Mccreight Self 540 E Escondido Kingsville, TX 78363 (361) 522-7557

I support this bill

William Lemens Self 5000 Smokey Mountain Dr Austin, TX 78727 (512) 773-2995

I support this legislation. It is needed and important. Thank you for your consideration and service!

David Romancelly Self 3617 Hanover Ln Irving, TX 75062 (469) 834-6519

I support

Leah LoneBear CIAAG 7301 CR203A #5 Liverpool, TX 77577 (979) 313-6139

Be kind, be smart and leglize Cannabis. This state could make millions in tax revenue. Create a quality medical MMJ program with quality Drs and then stop trying to micro manage THC percentage or caps. Leave that to Drs. In a time when pain medication is near impossible to obtain cannabis, one of the only atlternatives for people who live in chronic unrelenting pain and have medical issues for which Cannabis is a better alternative than pharmaceuticals. Lt Gov Dan Patrick does not represent the will of the people on this subject . He represents his personal beliefs which is not what he was elected for and people are tired of it. No one should be botherd by law enforcement or fined or imprisoned for the possession of a God given plant.

Jason Almand, Doctor Self MD 10501 Cochron McKinney, TX 75072 (214) 846-2491

Page 4 of 20 COMMENTS FOR: HB 439

Please stop putting people in jail for a plant tgat Hod provided us. cobin stoffregen self 3324 Canoncita Ln Plano, TX 75023 (214) 808-0377

THC/CBD and other teterahydrocannabinols need to be legalized, right now is perfect, we need the money, also we are having more people moving into Texas, they will want weed and last i was aware of Texas is the Capitalist state so for Republicans and Conservatives that control Texas, why is THC delta 9 illegal and also possibly trying to ban teterahydrocannabinols , it just shows that the conservative/republicans wanting weed laws to fail and suck us into there prisons they are making a killing from. The thing tho is both ways can produce money for different people but one way takes away a persons freedom, past Americans fought so hard for what became the USA, so people were not treated like we treat minority's here now and before with the native Americans,Black,Hispanic,Asian,Middle Eastern, and Islanders but now that we can, by that I mean the USA. We have a chance to write our wrongs, not all but it will allow for healing for the normal everyday citizens that life has been uprooted by a plant that is safe for you, has medical benefits, and is less harmful than even beer much less legal moonshine people can just go grab some in the time it took my to write this whole piece, I don't know why with the opportunity we have here to stand against it its green gold in the face of old greed so I don't think republicans and conservatives against legalizing are untruthful with the ideas they hold dear to them, they are not capitalist, there are the ones that are sock puppets for there side, for them they are too tied up with there people that are anti weed, that they cant say or do anything without worrying about your next term. We need this to pass for the Texans dream of equality and stopping the work on drugs.

Charlotte Wheat Pots by Char/AKA Lady Charlotte Art 227 Kings ridge drive; Buda, TX 78610 Buda, TX 78610 (903) 413-7528

I would simply like to state that in my personal experience the benefits of Cannabis far outweigh the benefits of opioids. I have systemic lupus erythematosus and all its sister ailments like Sjogren's, Raynaud's, Thrombocythemia, fibromyalgia and a few others. For the past 50 years I have taken opioids to ease the pain. I could never take enough to actually erase the pain. The seat of my pain is in my joints and my spinal column. However, my disease has affected every organ in my body. My daughter, Nancy Wallace, is in the growing end of the Cannabis cycle. She sent me some samples to try. I was quite skeptical at first but willing to try. I tried it and for the first time in I don't know how many years I actually had some pain free moments. It may not work for everyone but it sure worked for me. I would definitely be in favor of Texas allowing the medical Cannabis industry to flourish here in Texas. Our neighbors to the North have done so and have increased their tax base by millions. Not only would the state benefit with new taxes but the residents would benefit with a new pain relief regimen, and one that really works. My name is Charlotte Wheat and I am a resident of Buda, Texas 78610. My Texas roots run very deep. My great-grandmother was the first female child born in the city of Austin in the Republic of Texas. Thank you for taking the time to read this.

David Robles Norml 4612 Bethany Dr Garland, TX 75042 (214) 772-2455

Thank you for consideration on this bill. This is a huge step for helping vets with ptsd!

Page 5 of 20 COMMENTS FOR: HB 439

Justine Sawyers Self/for my disabled mother 4522 scenic cir Garland, TX 75043 (214) 533-2599

I want to get my mother off these toxic man made pain killers. Let mother nature's remedy work her magic. I've lost 2 family members from their organs shutting down due to all the Tylenol in pain meds/cold meds. Who ever OD'd on marijuana?

DAYNA SAWYERS Self 4522 scenic cir Garland, TX 75043 (214) 533-4602

I'm afraid to take my pain killers because I've lost 2 family members who had their organs shut down due to the Tylenol in everything. I know people are getting pain relief by trying CBD/THC medications. I have no quality of life, all the hoops to get pain pills because of the illegal activities around them. I rather take something God made. A natural pain reliever that the government can profit from the taxes.

Michael Stapell, M.P.A. EMT-P Self Retired Master Certified Police Officer, Master Certified Firefighter and Licensed Paramedic with a Master's in Public Administration. 9718 Amberley Drive Dallas, TX 75243 (214) 649-9712

This bill is a small step in the right direction. There are no 12 step programs for Cannabis! Why, because it's not addictive. You have done such a lousy job on the Compassionate Use Act, for reasons no one understands other than optics. In its present form it really has been characterized as the Uncompassionate Use Act as it has left out millions from benefiting from it and limited access to the point that the 3 dispensaries cannot profit as they should from this business. The product really needs to be legalized, regulated and taxed. By doing this, the only thing that will change is the cash flow. Taking profits from Cannabis trade out of the hands of cartels south of the border and putting them in the hands of Texas Entrepreneurs and the Texas treasury. You and your laws are not keeping the public from accessing or smoking weed. Keeping Cannabis illegal does nothing more than support cartels (how's that for optics!?). Let’s legalize it and incentivize law enforcement to enforce the tax law on this product. Bootleg marijuana should be impounded tested (by a state lab for safety) then wholesaled to dispensaries for distribution with the state and the impounding agencies sharing in the proceeds. Simultaneously the people of the state will benefit from seizing cartel product and enforce more vigorously the drugs laws that matter because of the harm they cause in addictions, overdoses, and deaths. We still have an opioid problem in this country. Access to Cannabis has been proven to mitigate some of the opioid use and abuse, that reason alone is enough to legalize marijuana. I know the House and Senate are not solely to blame for just how screwed up these laws are. I'm a Republican and I will gladly call out Dan Patrick for his ignorance on this matter. His list of donors includes the alcoholic beverage industry which does stand to lose some market share if the right laws are passed in Texas. No one has ever overdosed on and died smoking marijuana, unlike alcohol and opioids. No one has become addicted to marijuana like those who are addicted to cigarettes; alcohol and prescription pain killers. I'm wondering what side of this issue you would be on if it was 1933 and you were voting to end prohibition. End the hypocrisy! Do it in this session, before we are surrounded by legal Marijuana at all our borders and we lose out on major corporate headquarters and the employment and prosperity it would bring. You are all supporting cartels by keeping Marijuana an illegal product. I feel how this products gets legalized is as important as when! We need to learn from the stupidity of California when allows illegal dispensaries to pop up daily with their only penalty remedy is a $1,500 fine when caught. We must have a law that

Page 6 of 20 COMMENTS FOR: HB 439 calls for seizure of all bootleg Cannabis. Once it has been seized it would be wise to not just destroy it, but to profit from it. I believe its good government to resell this product and allow the citizens to benefit.

Aaron Strader Self 432 Vista Trail Dr Lewisville, TX 75067 (469) 441-6128

Marijuana concentrates offer no real difference other than being a concentrated form of medication. Not much different than normal versus extra strength medication. In addition some of these concentrates operate as deeply powerful medications for many severe illnesses. I suffer from daily pain. Concentrate is able to be more discreet, easier to secure against use by minors or theft, and is a fresher and more enjoyable experience in some instances.

James Childs self 4411 Regal Oaks Dr College Station, TX 77845 (979) 777-7082

Our family buried our healthy 19-year-old son in December 2018. He had started using marijuana at age 14. Five years of cannabis use destroyed David's mental health and caused the psychosis that caused him to put a gun to his beautiful head and pull the trigger. Marijuana advocates are well funded and are seeing success in many states. They and their supporters are ignoring the existing knowledge of mental health dangers related to the drug. Our family is just one of the many casualties. Marijuana kills! It killed my son! My family will never escape the tremendous loss, but we hope that by telling his story we can help legislators understand that marijuana is far from harmless. I beg you to stop the madness and prevent any legalization of this drug. James N. Childs, M.D.

Glenda Miller Humanity POB 193 Nordheim, TX 78141 (361) 938-7124

Nutritional supplement Act should cover Marijuana ~

Jeremy Whittaker, Mr Self. Retired Army 3210 Piedmont Drive El Paso, TX 79902 (757) 298-0229

SUPPORT. Prior to the Marijuana Tax Act of 1937, hemp was legally produced in America. The Controlled Substances Act of 1970 does not distinguish between industrial hemp and the form of Cannabis used for smoking. Many other countries produce and consume legal cannabis products. As the trend by State is to legalize medicinal Cannabis, I see no reason not to follow suit in Texas, thereby decriminalizing possession and use of said items. It would also be prudent to support amendment of the Federal laws prohibiting production of industrial hemp. Legalize it, tax it, and be done with it.

Jorge Longoria

Page 7 of 20 COMMENTS FOR: HB 439

Innovation Compassionate Care LLC 5821 Winell Dr Garland, TX 75043 (972) 365-1693

I support this bill to reduce penalties for possession or delivering of marijuana and concentrates. Decriminalization is preferred.

Shane Glombik Self 7616 Sky Loop Garden Ridge, TX 78266 (210) 315-7406

I support this bill.

Kenza-Marie Ngantcha Darryl Mabatah 7114 UTSA Boulevard San Antonio, TX 78249 (281) 505-4480

I am a college student at the University of Texas at San Antonio studying anthropology. I’m also involved in political and criminal justice groups at my school. One of my greatest passions is racial injustice. Just two years ago, November 2019, my boyfriend, Darryl Mabatah, was sentenced to 6 years in federal prison for manufacturing and delivering a small possession of marijuana. He’s a 25 year old African American man and although he did commit a crime, he deserves another chance to receive help and rebuild his life. He’s been denied parole for his drug usage and remains locked up in a cell. While it is devastating and frustrating how harsh the convictions for cannabis are, it’s also important to know that it is illegal in my state of Texas. But keeping someone imprisoned in a cell for a long period of time for a non-violent crime is not fair or beneficial. They deserve help and rehabilitation. That is why there’s a fight for the rescheduling of cannabis because it is legal in 15 other states and is proven to have positive medical effects. It will also give scientists an opportunity to research the drug comfortably. Please honorable members of the House, I’m urging you to re-sentence or grant parole to current imprisoned individuals charged with non-violent cannabis crimes. They are far from a danger to society. My boyfriend is one of the most sweetest affectionate people I’ve ever had the pleasure of being with. I struggle everyday knowing he’s in there with people who have done much worse than him. It would benefit him to live his life like he was last year, while still being scheduled for random drug tests in order to help him. There are so many other crimes being committed out there that the police should focus on. This action will be a step closer to remedying the negative effects of the War on Drugs on Black, Brown and Hispanic communities. I am not asking for complete cannabis legalization right now, I’m asking for long awaited relief for minority communities. sandra spades self business owner 100 Maverick Trail oak point, TX 75068 (903) 244-0440

I support this legislation! Thank you for your service! Sandra Spades sandra spades

Page 8 of 20 COMMENTS FOR: HB 439 self business owner 100 Maverick Trail oak POInt, TX 75068 (903) 244-0440

I support this legislation! Thank you for your service! Sandra Spades

Keith Howlett Self / Retired 4653 Quincy Lane Plano, TX 75024 (972) 740-9031

I support this Bill.

Byron Olinick, Mr. Self Employed 3038 Rolling Hills Rd Blanco, TX 78606 (210) 724-3358

The People of the great state of Texas have had enough of our predatory drug policies in regards to nonviolent possessions of small amounts of marijuana flower and concentrate. We have far greater need to spend our resources prosecuting fraud, rape kit backlogs and corruption than we ever do wasting time jailing, fining and punishing hard working families for what we are trying to legalize as medicine.

Two years ago I was arrested by a drug enforcement officer with a K-9 unit who had been aggressively searching vehicles without probable cause. So aggressive were his tactics that he was fired for tearing apart the vehicle of an undercover Texas Ranger. The Police union had him rehired in another county, even after he was rehired to mine after failing to check for weapons on a man he arrested in Travis County who shot himself in the head. I believe this officer, whose name I will keep private in respect of our daughters being close friends, does not need to be rehired to a job that incentivizes violence with drug dogs on nonviolent people in our communities... he needs treatment for Post Traumatic Stress in the likes of which some medical marijuana bills are reaching the Health Committee Wednesday. I cannot put into words the stress that my needless arrest and all of the cruel and disproportionate punishment for the unwitting possession of what should not be a crime but a right... has placed on not only my own wife and daughter... but his as well!

It turned out someone had left me an anonymous gift in my vehicle... a resin or concentrate of THC that I did not ask for and do not consume. A POCS2 <1gram was rated by the Drug Policy Alliance white paper rating unjust drug laws called “Every 30 Seconds” as “The worst amount of punishment under a state law for the least amount of crime.” Good luck explaining that to a judge. I was served a state felony charge and arrested with $6,000 cash bail. Most people sit in jail in Texas for failure to afford far less on their bail hearing. Even fewer can afford the legal fees to call the bluff and go to trial. I am an honest, hard working member of my community that practices community service as a way of life. But my lawyer advised me that while covid was causing DA’s to drop cases in more populated counties like Travis, my rural county would not be made up by my peers but of older citizens still fearful of the Reefer Madness propaganda that began prohibition so corruptly nearly a century ago. So I entered a plea bargain for deferred adjudication.

I have since completed community service during the covid pandemic. My life has been arrested in development, my family traumatized, my police record permanently tarnished with a state felony and all for what? For less than a gram of concentrate that wouldn’t hurt anyone even if it was pure THC medicine and I did consume it ...and the state couldn’t even verify for THC

Page 9 of 20 COMMENTS FOR: HB 439 content? What are we doing to our people? Our economy? Our children? Please decrim mj now!

Tyler Overturf Self 510 fm 223 Shepherd, TX 77371 (903) 267-0788

I support this bill

Erica Roberts Self, Law Student 3400 Harmon Ave Apt 334 Austin, TX 78705 (240) 751-6335

I write this letter in support of House Bill 439. This is the first in many steps the needs to take in addressing the inequities that result from maintaining a person’s criminal record. This bill is necessary for the following reasons:

First, criminal records are a reflection of racial bias in arresting and criminal prosecution. BIPOC are more likely to be arrested and more likely to be prosecuted than their white counterparts. This leaves a disproportionate number of BIPOC with permanent criminal records, which cannot be sealed or expunged unless they fit the stringent criteria under the Texas Code of Criminal Procedure. Expanding nondisclosure and expunction eligibility is necessary to rectify the racial inequities of our criminal justice system.

Second, the holes in the existing nondisclosure and expunction laws leave unnecessary loopholes that bar access to clean records. The current nondisclosure laws disallow sealing dismissed arrests that were part of the same arrest as a non-disclosure eligible offense. The whole arrest should be sealed if it is determined that the related offense is non-disclosure eligible. In addition, the current definition of “criminal episode” in Texas expunction law leaves certain dismissed offenses ineligible for expunction merely because the same person had previously been convicted of a similar offense. This bill rectifies this as well.

Equitable access to housing, employment, and many opportunities often depends on a clean criminal record. A simple arrest or misdemeanor conviction in someone’s past should not prevent them from moving forward with their life.

Rami Turner, Dr. self 9733 Bodega Bay Rd. Fort Worth, TX 76177 (214) 325-7782

I would like to start expressing with my appreciation for taking the time today to deliberate on the case for lowering the penalties for possessing marijuana concentrates in this State.

As if it happens, concentrates are one of only a few ways to get immediate relief of a sudden attack of pain or spasms. Although Texas has agreed that many conditions such as chronic pain and spasticity are eligible for low dose THC on the Texas Compassionate Use Program also know as TCUP, inhalant fast acting THC is not. The consequences of not allowing a concentrate but only allowing slower acting medication leads to tolerance because the patient will take more than needed to avoid what "might" happen in two hours. If they only had an inhalant, they would likely use less but our laws have set up THC patients for tolerance. It is my hope that this will change. Please know that spasticity disorders are so intense that they can break bones, tear tendons and make it very difficult to breath.

Page 10 of 20 COMMENTS FOR: HB 439

I treated my patients as if they were my own child or mother. How comfortable are you with having your mother or child endure this situation? Realize that once one muscle tightens, the muscles begin to recruit the nearby muscles to spasm as well. Treated quickly, this would disperse before the person began to contort. Because we have such a stiff penalty for possession, our weakest patients are taking tremendous risks to themselves and what little ability they may have left.

Personally as a conservative Christian, I am not in favor of addiction, but I am in favor of identifying it through faith and of course proper medicine in a non judgemental way. I also believe that getting THC from a safe reliable source is extremely important. I have seen psychosis from people sold black market Marijuana which was "enhanced". Her identical twin is normal.

These issues have made an impression on me so strong that I am truly considering leaving the state. I am looking for land in Oklahoma already.

I pray that you will consider these consequences when you deliberate on whether a person carrying a concentrate from another state enters our state. And know, that as long as we are not allowing leniency for this situation, we are cutting off any person who has a need for this medication from entering our state for any reason including tourism or visiting relatives.

Thank you again, Dr. Rami Turner DO

Donald Dalton Jr Self 9916 Peregrine Trail; decondonho White Settlement, TX 76108 (817) 456-5365

I agree with this bill as one who has epilepsy, with which I use to stop them. I am a disabled US Army Vetran and was in eight years in the active service and two in Texas National Guard. I have suffered injuries in the service and the civilian employment. I had to stop working 12 years ago due to both. I normally do not take pain medication as my other medications do not allow and medical cannabis is what helps so much I can move and function. wenceslao garza, Mr. myself 563; guayava ln BROWNSVILLE, TX 78521 (956) 572-2731 i support this bill

Aubree Adams Citizens for a Safe and Healthy Texas 4848 Pin Oak Park Apt 228 Houston, TX 77081 (719) 250-5740

Dear Criminal Jurisprudence Committee Member,

Please opposed bills HB 439 to stop the expansion of marijuana in Texas, and decrease the burdens on taxpayers, families, and children for the following reason:

* Marijuana is the main drug, by far, used by preparators in childhood deaths from neglect and abuse in the state of Texas. page

Page 11 of 20 COMMENTS FOR: HB 439

21. https://www.dfps.state.tx.us/About_DFPS/Reports_and_Presentations/PEI/documents/2019/2019-03- 01_FY2018_Child_Fatality_and_Near_Fatality_Annual_Report.pdf

*Currently the Texas Hemp industry is working closely with the Colorado Hemp industry and finding loopholes in the laws, as explained in this New York Times article. https://www.nytimes.com/2021/02/27/health/marijuana-hemp-delta-8-thc.html They are now producing the chemical Delt-8 THC to sell in smoke shops and promote to our children. Please listen to Will, an 18-year-old in recovery, who lives in Houston describe how he got just as high and just as paranoid from Delt-8 THC as he did from Delta-9 THC (the addictive chemicals from the marijuana/cannabis plant). Will's video listen at 9:30 to 16.:55. https://youtu.be/AgqMiZ_hEUU

* A 28-year-old mother and her 3 young children were killed by a driver who was stopped 20 minutes prior to the crash with marijuana in his car. He is currently being charged with three counts of Intoxication Manslaughter and one count of Intoxication Assualt. If marijuana wasn't decriminalized in Harris county, this mother and 3 children may still be alive. https://www.nbcnews.com/news/us-news/mother-three-kids-killed-texas-dui-crash-shortly-after-suspect-n1261218

With more marijuana users in Texas, there will be more fatalities on our roads. Here's the data from other states.https://everybrainmatters.org/science/marijuana-dui/

Loosening laws on marijuana is a slippery slope and opens a pathway to full legalization of marijuana and other drugs. This is a clear danger to public health and safety, which will increase costs to taxpayers, and most importantly, puts public health and safety at a greater risk.

Please Hold The Line and keep marijuana messes from expanding in Texas. Testing for THC levels will cost the taxpayers greatly and grow our government.

Thank you for your service and time,

Aubree Adams Director of Citizens for a Safe and Healthy Texas https://www.safehealthytexas.org/

Phillip Ochoa self, retail worker 8006 Colony Loop Drive Austin, TX 78724 (512) 680-0480

Attention Members of the Criminal Jurisprudence Committee:

My name is Phillip Ochoa. I have been involved in local politics and I have seen the changes done at the local level for law change. I have also testified in the past for penalty reductions for Marijuana offenses. These penalty reductions are the most pragmatic approach towards our current status quo on Marijuana policy in Texas. A Majority of Texans agree that our current statewide laws are outdated and are a relic of the failed War on Drugs and Tough on Crime mentality. Our current policies needlessly waste money on jailing and prosecution for these low level possession charges for defendants. The money could be well spent when it is directed towards more serious crimes. Some counties in Texas are taking the lead in penalty reductions for Marijuana because they know it is a waste to continue to prosecute. But this strategy doesn’t extend to the over 200 other counties in Texas who still prosecute. Many Texans have been treated unfairly due to current penalties for minor possession offenses, usually under two ounces. Because of the current drug laws in Texas, these arrests and possible convictions hurt the citizens and makes it harder for them to

Page 12 of 20 COMMENTS FOR: HB 439 gain access to a variety of different opportunities such as higher education, housing, and jobs. These obstacles can be minimized through State action on penalty reduction bills and can provide citizens with the opportunity to avoid the criminal justice system for minor possession offenses. The reduced penalties would additionally allow police officers, prosecutors, judges and jurors to redirect taxpayer resources towards more severe offenses. Your support of these bills is appreciated. Regards,

Phillip Ochoa

Romana Harding Self 7049 Pine Shadows Rd Cleveland, TX 77328 (530) 391-0673

My name is Romana Harding, I am a 100% disabled Navy veteran and I am in support of this bill. I fought for our freedoms. Cannabis is less harmful then alcohol, tobacco and many pharmaceuticals. These have been Jim Crow laws and we all know it. People are dying in jail over a PLANT.

Any moves forward to end the drug war on people, and the decades of collateral damage that can happen from having a plant is beneficial. The law is harsh and needs to be changed.

Please, free the people now!

Thank you for your service!

Crissy Ellis Texas normal 1455 aloha street Vidor, TX 77662 (409) 237-8889

I support this legislation. Thank you for your consideration and service.

David Valdez Self/Constituent 15314 McKays Lark San Antonio, TX 78253 (210) 639-4309

Hello, please allow us to use concentrates. Im a cannabis user and sometimes smoking cannabis can be hard on the lungs. With concentrates we can get our pain relief faster than with smoking a canna cigarette. Thank you

Amanda J Greenwood Self 335 Cool Spring Dr Houston, TX 77037 (832) 894-4545

Page 13 of 20 COMMENTS FOR: HB 439

I support this bill. Texas needs to catch up with the rest of the states who have legalized marijuana sales and consumption. Thank you for your consideration on this matter.

Monica Williams Self 575 Potter Drive Beaumont, TX 77707 (937) 654-0876

As a veteran and someone who moved from a legal state and is now a Texas resident, I can not see how the state will continue to waste resources on marijuana. It is known to disproportionately effect POC. Marijuana helps me to feel normal and allows me to have focus and function daily. It should not be a crime.

Monica Fraga Self 1201 Paco Trail Denton, TX 76209 (214) 772-8504

Medical marijuana has helped manage my Hashimoto disorder and chronic pain for several years now. I fear I will lose the wonderful life that I regained from marijuana if the bad laws and discrimination continues.

I support this legislation.

Thank you for your consideration and service. Monica Fraga

Jeff LeBlanc, Chairman Republican Liberty Caucus of Texas 124 County Road 4017 Dayton, TX 77535 (337) 519-7510

The Republican Liberty Caucus of Texas supports this bill. Thank you for your time and service

Daryoush Zamhariri Self 5700 North Beach Street #1005 Haltom City, TX 76137 (940) 594-1556

Please support this bill.

Katharine Harris Baker Institute for Public Policy, Rice University 1607 W Clay St

Page 14 of 20 COMMENTS FOR: HB 439

Houston, TX 77019 (757) 377-1171

I am writing to express my support for HB 439, which would lower penalties for possession of THC concentrates and create a more sensible system of determining the weight of concentrates in an individual’s possession.

Possession of less than 1 gram of THC concentrates is currently a state jail felony, a penalty that includes up to 2 years of incarceration, a maximum fine of $10,000, and a permanent felony conviction that imposes lifetime burdens on an individual for minor possession.

Absurdly, the current law requires that any ingredients added to the concentrates are included as part of the weight, which is how a young man named Mark Brunner nearly received a 10-year sentence in 2014 for possessing a pound and a half of baked goods containing marijuana.

HB 439 will more fairly account for the true amount of THC concentrate that a person possesses by excluding additives and dilutants from the weight.

HB 439 would reduce the penalty for possession of 10 grams or less of THC concentrate to a Class B misdemeanor and possession of 10 to 20 grams to a Class A misdemeanor. These changes would make laws relating to THC concentrates more consistent with those relating to cannabis flower. They would not compromise public safety.

These reforms are also important to reflect changing consumption patterns among people who use cannabis, especially those who do so medicinally. Many cannabis patients seek out edibles or other products containing THC concentrates in order to avoid the potentially harmful health effects of cannabis smoking. Most people who use cannabis medicinally in Texas remain criminalized due to restrictions in the state’s medical program, and the current penalties for concentrates subject them to additional and unreasonably harsh punishment for medical use.

I urge the committee to support HB 439 as a more sensible approach to THC concentrates.

Eve Kandiyoti, RN Self 401 Anita; 34 Houston, TX 77006 (832) 416-0064

I support this bill.

Amanda Walker Self caretaker 1503 Line Dance Court Killeen, TX 76542 (804) 852-2607

I support this bill!

PAUL ALLARD norml 6900 Shelia ln briaroaks, TX 76028 (817) 454-2763

Page 15 of 20 COMMENTS FOR: HB 439

please vote yes

Matt Poling, MD Self. Foster Parent and Physician 504 Dexter College Station, TX 77840 (979) 324-7576

Even small amounts today's marijuana and especially concentrates contain enough THC to induce psychosis--potentially from the first exposure. Such a response often transforms to schizophrenia, the most devastating and costly mental health diagnosis there is and these products should be treated as the dangerous substance that they are.

Ariane Williams, RN self 3914 Rolling Hill Round Rock, TX 78681 (409) 749-0500

I support this legislation. Thank you for your consideration and service!

Spencer Williams self 3914 Rolling Hill Round Rock, TX 78681 (409) 553-9620

I support this legislation. Thank you for your consideration and service!

Gary Williams self 101 Greenleaf Lumberton, TX 77657 (409) 755-6627

I support this legislation. Thank you for your consideration and service!

Jeffrey Tunstall Self electrical foreman 1881 w airport fwy; 203 Euless, TX 76040 (817) 503-5931

My public comment on HB 1086:

I believe in justice. For example, crimes involving the dangerous drug alcohol poses risks to not only the lives of users, but also others. Therefore I believe laws like DUI are just. Marijuana can only be argued to pose health risks to the user, namely lung damage. If the state truly bases it's policies on safety, why then would penalties be more strict for concentrates? If inhaled, the

Page 16 of 20 COMMENTS FOR: HB 439 amount of combustibles is greatly reduced. And a felony for 1 gummie bear is ridiculous.

Laws should never be based political merit. They can affect everyone, their friends, and their adult children. Let's help otherwise productive members of society prosper in this state! The term "mind-altering drugs" is a scare term which really refers to anything that makes one think more. Now why would Gov't oppose letting the population wonder? Why can't the first amendment of the Bill of Rights be applied to cognitive liberty? You don't have to legalize Marijuana and other psychedelics outright. But please consider this bill as a way to protect your constituents from the financial violence imposed by mis-guided laws and arbitrary penalties. If the attorney general somehow charged everyone in the state that violate current drug law, the resulting tent-city would make the ones on the west coast look like a camping trip. Protect life, liberty, and our economy by setting aside the status-quo and thinking critically about if current law protects your constituents, or big Pharma. And not to pretend to be the arbiters of morality. Let's call the war on drugs what it really is: The war on Americans. Prohibition failed, now please don't fail us. Thank you for reading

William Martin, MR Drug Policy Program, Rice University's Baker Institute 2929 BUFFALO SPDWY UNIT 1201 HOUSTON, TX 77098 (713) 574-0585

I write to express my support for HB 439, authored by Rep. Canales, which would lower penalties for possession of THC concentrates and create a more sensible system of determining the weight of concentrates in an individual’s possession.

My colleague Dr. Katharine Neill Harris, the Alfred C. Glassell, III, Fellow in the Drug Policy Program in Rice University’s Baker Institute for Public Policy, has submitted a substantial comment favoring this bill. I fully concur with her stated reasons for supporting the bill and share her view that HB 1609 is “the most comprehensive and effective option for reducing the penalty for marijuana possession.”

Respectfully submitted, William Martin, Ph.D., Director Drug Policy Program, Baker Institute

Jennifer Doody self 4500 Raintree Ct FORT WORTH, TX 76103 (817) 470-7689

I support this legislation. I have personally witnessed the valuable benefits of cannabis. I have a relative who is suffering terribly. Misdiagnosis by the doctor. Surgery that did not work. Medication that helps very little. This person has NO other medical options! Using cannabis has been the only medication that has worked to keep this person from being sick 24/7. But it's illegal in Texas! So this person cannot live here. I have known people who have truly been helped by this plant. Don't believe the lies by Big Pharma and Big Alcohol or the uniformed. Make cannabis available in Texas! The people of Texas deserve the freedom to use the medicine that works for them! Freedom of choice! Thank you.

Darrell Seybold The Seybold Family (8 Republican Voters) 633 Mossycup Oak Dr No, TX 75025 (972) 439-6497

Page 17 of 20 COMMENTS FOR: HB 439

Republican voters like myself and 7 other family members are tired of being lied to about the dangers of cannabis. There have been numerous polls and citizen outreach which clearly shows HUGE majority support of legalization. You are missing revenue growth opportunities while you leave deadly opioids as fully legal in the state of Texas with their very deadly toll. You do not represent law enforcement, prosecutors and judges as some of you have publicly eluded to. You represent THE PEOPLE! Now it is time to your job or these 8 Republicans will be turning Texas blue. The same principle of personal choice and individual liberty that applies to guns, need to apply to a house plant. Thank you,

Phillip Palmer Self 4017 SANGUINET CT FORT WORTH, TX 76107 (817) 903-5320

Submitted to The House Criminal Jurisprudence Committee

Thank you for considering the following testimony, as well as for the consideration of these important bills.

Representing myself, I am registering in favor of the following bills being considered by the House Criminal Jurisprudence Committee, Chaired by Chair , and comprised of The Honorable Members Rep. , Rep. Jeff Cason, Rep. David Cook, Rep. Jasmine Crockett, Rep. , Rep. , Rep. Andrew S. Murr, and Rep. .

HB 99, 169, 441, 439, 498, 1178, 1609, 2593

I am in favor of the current efforts to reduce criminal penalties for the possession of small amounts of cannabis. I believe that drug use, while bad, is not a criminal problem. One need only look at the outcomes, both intended and unintended, of the "war on drugs" to understand clearly that current methods are not working. The Texas Constitution states that "all free governments are formed by the consent of the people, and are formed for their benefit." It does not benefit the people to cripple them fiancially for victimless behavior, through arrest, the towing and impounding of their vehicles, costing them their jobs, etc. I would submit that a government that does these things to its people does not truly care about the people its representatives frequently claim to care about.

I am a longtime Republican voter and conservative activist, and as such always intend to advocate for limited government. This includes reducing the amount of encroachment into the lives of peope by the government in matters of individual responsibility.

Opinions on the societal problem of drug abuse and how to help people overcome their addictions have changed a great deal in the last ten years or so. I count myself as a forward thinking and compassionate person when it comes to challenges being faced by my fellow man, and am proud of the absolutely brave work that many of you have done to advance true reform in criminal justice as it relates to drugs.

We must ask whether or not we are truly winning the war on drugs. It could easily be argued that this more of a war against the people, keeping them impoverished and forever damned with a blemished record, affecting the trajectory of their lives, in many cases permanently. It is time for progress. I urge members to pass these solid bills out of committee and get them to the floor for a vote.

Thank you again for your consideration.

Joe Palmer Fort Worth

James Peinado

Page 18 of 20 COMMENTS FOR: HB 439

El Paso Republican Liberty Caucus 6728 Camino Fuente El Paso, TX 79912 (915) 703-0492

We support HB 439

Currently in Texas while minor possessions of cannabis in its flower form, in most instances, is a misdemeanor, possession of it in concentrate or in a vape pen, which has become more common, is a State Jail Felony. On this matter we simply ask both flower and concentrate be treated equally under the law.

Please vote this bill out of committee and onto to the next phase towards final passage.

Thank you for reading.

Heather King-Fazio www.TexasMarijuanaPolicy.org 10015 Lake Creek Parkway Ste. 116 Austin, TX 78729 (512) 825-9142

I support this legislation. Current penalties for THC concentrates are harsh and unreasonable. Thank you for your leadership and consideration!

Joseph Ortiz “Self” business owner 1511 Lake Grayson Drive Katy, TX 77494 (832) 491-9664

I am a constituent of Texas’s 22nd district in Fort Bend County. I am a small business owner and a BIG supporter of the legalization of marijuana. Too many Texans are imprisoned for non-violent, victimless crimes for a flower. The criminalization of marijuana leads to other things than individual arbitrary incarceration. The war on drugs is the root of the majority of our gun violence and illegal immigration. Decriminalizing marijuana will significantly reduce the crisis we have at our boarder and make our streets safer. It’s time to advance with the times. We MUST approach this as we did prohibition. Treat this no different than alcohol.

Robert Johnson Self 399 Mauna Loa Ln Bastrop, TX 78602 (979) 540-7267

I am in support of HB 439

Tyler Prock "self" accountant 2302 Idlewood Drive

Page 19 of 20 COMMENTS FOR: HB 439

Tyler, TX 75701 (214) 546-0335

I support this bill

Dena Parker Self 1307 CR 8 Childress, TX 79201 (940) 937-3772

Cannabis used in the form of oils and edibles is much easier to dose as a medication than smoking. Also a patient that has lung problems such as lung cancer could take the cannabis oil or edibles with no negative effects on their lungs. Politicians should not be holding Texan’s right to their own choices of medication hostage. All medicine is risk versus benefit. Cannabis is legal for medical use in over 30 states. The federal government’s schedule 1 classification is a lie and needs to be changed in light of facts and science. Stop making Texans move away for their medication

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