Since 1970, the federal government has refused to recognize the medical value of marijuana. Marijuana is still a schedule one substance in their eyes, and so they have the “authority” to enforce their laws, even in medical marijuana states – states who voted for and who want medical marijuana.
What does this mean? Let’s say you live in a medical marijuana state. You have obtained your medical marijuana card through the correct, legal, and legitimate channels and you’re in total compliance with your state’s laws regarding medical marijuana. If you get arrested and are facing federal charges for marijuana cultivation, for example, you are not allowed to use your state’s medical marijuana laws as a defense. It doesn’t matter if it’s legal in Colorado, it’s illegal under federal law.
On July 17, Representative Farr (D-CA), and 18 co-sponsors, introduced HR 6134, The Truth in Trials Act, which would fix this problem and allow people tried in federal court for marijuana related offenses to call upon evidence that they were in compliance with their state’s medical marijuana laws. It doesn’t matter if it’s illegal under federal law, you’re protected under Colorado law.
(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
We are slowly unraveling the behemoth mess that is prohibition and this bill is a crucial step, stopping all of the needless, costly, and harmful federal crackdowns in states who voted for and who overwhelmingly want medical marijuana.