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Sam Farr (CA-17)

Summary of H.R. 4272, The Steve McWilliams Truth in Trials Act

The Truth in Trials Act would correct a terrible injustice occurring in our federal courts: the complete ban on medical evidence in marijuana-related trials. In effect this means compassionate caregivers who have complied with state law are treated like common criminals in federal trials. Truth in Trials would allow individuals that act in accordance with state law for the clear purpose of alleviating their own suffering or the suffering of others, to introduce this evidence in federal court and leave it up to the jury to decide whether or not their action merits conviction. This is a reasonable way to accommodate contradictory federal and state laws on medical marijuana.

Often people joke about marijuana, but due process and respecting state laws are serious issues. When states pass laws to protect medical marijuana users, the federal government needs to recognize that authority, and focus its attention on illegal users rather than attacking patients who are debilitated and dying.

Details of H.R. 4272:

- Amends the Controlled Substances Act to establish as an affirmative defense for any person facing prosecution or a proceeding for any marijuana-related offense that the marijuana-related activities in question were in compliance with state law regarding the medical use of marijuana.

-Allows a finder of fact to find a defendant guilty of a lesser offense if the defendant's marijuana-related activity was found to be primarily, but not exclusively, for medical purposes.

-Provides for the return of any property with respect to which an individual successfully makes a defense under this Act.

-Amends provisions concerning the seizure and custody of marijuana to limit seizure authority of marijuana authorized for medical use and provide for the retention of seized plants pending resolution of a case involving an affirmative defense for the medical use of marijuana.