I 111th CONGRESS 1st Session H. R. 3939 IN THE HOUSE OF REPRESENTATIVES October 27, 2009 Mr. Farr (for himself, Mr. Paul, Mr. Cohen, Mr. Rohrabacher, Mr. Frank of Massachusetts, Mr. Hinchey, Mr. Kucinich, Mr. Waxman, Mr. Michaud, Ms. Baldwin, Mr. Berman, Mrs. Capps, Mr. Grijalva, Mr. Polis of Colorado, Mr. Stark, Ms. Woolsey, Mr. Sherman, Mr. Honda, Mr. McGovern, Ms. Schakowsky, Ms. Eshoo, Ms. Berkley, Mr. Moran of Virginia, and Mr. George Miller of California) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various States, and for other purposes.

1.

Short title

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

2.

Providing an affirmative defense for the medical use of marijuana; seizure of property

(a)

In general

Chapter 221 of title 18, United States Code, is amended by striking section 3436 and all that follows through the end of the chapter and inserting the following:

3436.

Affirmative defense for conduct regarding the medical use of marijuana; seizure of property.

(a)Any person facing prosecution or a proceeding for any marijuana-related offense under any Federal law 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 any Federal law for marijuana-related activities, which the proponent must establish by a preponderance of the evidence, that those activities comply with State law regarding the medical use of marijuana. (2)In a prosecution or a proceeding for a marijuana-related offense under any Federal criminal law, 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 an offense only corresponding to the amount of marijuana determined to be for nonmedical purposes. (c)Any property seized in connection with a prosecution or proceeding to which this section applies, with respect to which a person successfully makes a defense under this section, shall be returned to the owner not later than 10 days after the court finds the defense is valid, minus such material necessarily destroyed for testing purposes. (d)Any marijuana seized under any Federal law shall be retained and not destroyed pending resolution of any forfeiture claim, if not later than 30 days after seizure the owner of the property notifies the Attorney General, or a duly authorized agent of the Attorney General, that a person with an ownership interest in the property is asserting an affirmative defense for the medical use of marijuana. (e)No plant may be seized under any Federal law otherwise permitting such seizure if the plant is being grown or stored pursuant to 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. (f)In this section, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 221 of title 18, United States Code, is amended by striking the item relating to section 3436 and all that follows through the end of the table and inserting the following new item: 3436. Affirmative defense for conduct regarding the medical use of marijuana; seizure of property. .