HBA-KDB H.B. 513 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 513 By: Keel Criminal Jurisprudence 2/25/2001 Introduced BACKGROUND AND PURPOSE Current law does not delineate between criminal possession of marihuana and possession pursuant to a doctor's recommendation for the treatment of an illness. House Bill 513 provides an affirmative defense with the burden of proof on the defendant to show on a preponderance of evidence that the marihuana was possessed pursuant to the recommendation of a physician for the treatment of a legitimate illness. 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. ANALYSIS House Bill 513 amends the Health and Safety Code to provide that a person who has received marihuana from a licensed physician for amelioration of a bona fide medical condition has an affirmative defense to prosecution for possession of marihuana. EFFECTIVE DATE September 1, 2001.