Truth in Trials Act Protects State Medical Marijuana from Federal Prosecution

Please contact your representative and urge them to support the Truth in Trials Act today!

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.

 

Please contact your representative and urge them to support the Truth in Trials Act today!


3 Responses to “Truth in Trials Act Protects State Medical Marijuana from Federal Prosecution”

  1. tim July 19, 2012

    I hope this common sense legislation is passed. Please contact your Congressman and urge them to help pass this law to restrain the Feds from tramping on State’s rights.

    Reply
  2. CA- 215 Medical Patients July 25, 2012

    Congress is starting to listen…
    Post to:TwitterFacebookDiggStumbleUponRedditby David Guard, December 03, 2009, 01:05pm

    Posted in: Action Alert, Congress, Medical Marijuana
    Dear friends:

    I wanted to say thank you to Sioux Colombe, an ASA Ambassador in Sacramento, California. The email she received below demonstrates that Congress is starting to hear us.

    Sioux had asked her Member of Congress, Representative Doris Matsui, to support the Truth in Trials Act. Sioux got the response below, which is a perfect example of the kind of dialog we want to build with our elected officials.

    This reply means that Rep. Matsui’s office took the time to research the Truth in Trials Act and respond. The next step is to ask Rep. Matsui to become a supporter — a “cosponsor” — of the bill.

    Will you do the same for your U.S. Representative?

    If your Rep gets a phone call from you, they will start paying attention.

    Here’s what you have to do — it will take 5 minutes.

    1. Find out who your Rep is. Go to http://www.house.gov and type in your zip code in the upper left corner. If it asks for your full “Zip+4″, just look at your last piece of junk mail.

    2. Dial 202-224-3121. Ask the operator to transfer you to your Member of Congress.

    3. Tell your Rep … “I’m calling from ______ and I want you to cosponsor HR 3939, the Truth in Trials Act.”

    4. Reply to this email and tell me who you called.

    Thanks!

    - Sanjeev, ASA

    P.S. The full email that Sioux received is below.

    Sanjeev Bery
    National Field Director
    Americans for Safe Access

    —– Forwarded Message —-
    From: Congresswoman Doris O. Matsui
    To: Sioux Colombe
    Sent: Tue, December 1, 2009 12:22:29 PM
    Subject: From the Office of Congresswoman Matsui

    December 1, 2009

    Ms. Sioux Colombe
    Sacramento, California

    Dear Sioux:

    Thank you for contacting me regarding medical marijuana. I appreciate hearing from you on this issue.

    As you may know, 13 states, including California, currently allow the use of marijuana for medical purposes. In these jurisdictions, state-level penalties for the cultivation, possession, and use of medical marijuana have been removed, and programs to regulate patients’ use have been established or are currently being considered. However, in these 13 states where medical marijuana use is legal, users remain subject to federal penalties for such use.

    In an effort to correct this, legislation has been introduced in the 111th Congress to permit the use of medical marijuana under federal law in states where marijuana is currently being used for medicinal purposes. The Medical Marijuana Patient Protection Act (H.R. 2835), would achieve this end by re-classifying marijuana into a less restrictive category of drug under the regulatory structure of the Controlled Substances Act.

    Another piece of legislation, the Truth in Trials Act (H.R. 3939), responds to the Justice Department’s directive on medical marijuana policy, which tells federal prosecutors to avoid pursuing cases against individuals who legally use medical marijuana. Specifically, H.R. 3939 would allow a person on trial for a federal marijuana-related offense to introduce evidence that the alleged marijuana-related activities were performed in compliance with state laws.

    Again, thank you for taking the time to contact me regarding medical marijuana. To learn more about my work in Congress, or to sign up for occasional e-mail updates, please visit my website at http://matsui.house.gov.

    Sincerely,

    DORIS O. MATSUI
    Member of Congress

    Reply
  3. Wm. Angelo Navarette July 28, 2012

    I have 6 herniated disks in my back and I am on Dilaudid along with Diazepam. The pain pills are killing me and I only wish I could smoke pot and give up my pills so I could live a normal life. I live in Florida where they don’t use medical marijuana for my pain. Why is that when I could go to another state and smoke it and grow it for I live on SSI. and can’t afford to buy it. If the Goverment would leauglize it , it would bring in more jobs and help us get out of the deficit by taxing it.
    Wm. Angelo Navarette

    Reply

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