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.