[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2989 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2989

   To amend the Controlled Substances Act to provide an affirmative 
defense for the medical use of marijuana in accordance with the laws of 
              the various States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2004

 Mr. Durbin (for himself, Mr. Leahy, and Mr. Jeffords) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Controlled Substances Act to provide an affirmative 
defense for the medical use of marijuana in accordance with the laws of 
              the various States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Trials Act''.

SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF 
              MARIJUANA.

    The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by 
inserting after section 423 the following:

    ``affirmative defense for conduct regarding the medical use of 
                               marijuana

    ``Sec. 424. (a) Permissible Evidence.--Any person facing 
prosecution or a proceeding for any marijuana-related offense under 
this title shall have the right to introduce evidence demonstrating 
that the marijuana-related activities for which the person stands 
accused were performed in compliance with State law regarding the 
medical use of marijuana, or that the property which is subject to a 
proceeding was possessed in compliance with State law regarding the 
medical use of marijuana.
    ``(b) Defense.--It is an affirmative defense, to a prosecution or 
proceeding under this title for marijuana-related activities, if the 
proponent establishes by a preponderance of the evidence, that such 
activities comply with State law regarding the medical use of 
marijuana.''.
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