[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4272 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4272

   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 HOUSE OF REPRESENTATIVES

                            November 9, 2005

   Mr. Farr (for himself, Mr. Rohrabacher, Ms. Woolsey, Mr. Frank of 
 Massachusetts, Mr. Conyers, Mr. Hinchey, Ms. Baldwin, Mr. McDermott, 
 Mr. Case, and Mr. Kucinich) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 ``Steve McWilliams Truth in Trials 
Act''.

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

    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) 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)(1) 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.
    ``(2) In a prosecution or a proceeding under this title, should a 
finder of fact determine, based on State law regarding the medical use 
of marijuana, that a defendant's marijuana-related activity was 
performed primarily, but not exclusively, for medical purposes, the 
defendant may be found guilty of a lesser offense under this title 
corresponding to the amount of marijuana determined to be for 
nonmedical purposes.
    ``(c) Any property seized in connection with a prosecution or 
proceeding under this title, with respect to which a person 
successfully makes a defense under this section, shall be returned to 
the owner promptly, minus such material necessarily destroyed for 
testing purposes.''.

SEC. 3. SEIZURE AND CUSTODY OF MARIJUANA IN CASES INVOLVING POSSIBLE 
              MEDICAL USE.

    (a) Limitation on Authority for Seizure.--Section 511(g)(2) of the 
Controlled Substances Act (21 U.S.C. 881(g)(2)) is amended by inserting 
``or either a recommendation by a physician or an order of a State or 
municipal agency in accordance with State law regarding the medical use 
of marijuana'' after ``appropriate registration,''.
    (b) Retention of Certain Seized Plants.--Section 511(g)(3) of the 
Controlled Substances Act (21 U.S.C. 881(g)(3)) is amended by adding at 
the end the following: ``Any marijuana seized shall be retained and not 
destroyed pending resolution of the forfeiture claim, if not later than 
30 days after seizure the owner of the property notifies the Attorney 
General, or his duly authorized agent, that a person with an ownership 
interest in the property is asserting an affirmative defense for the 
medical use of marijuana. If the possession of such marijuana is found 
to have been in compliance with State law pursuant to section 424, it 
shall be returned not later than 10 days after such finding.''.
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