Companion Bill To "Truth In Trials Act" Introduced In US Senate

Companion Bill To "Truth In Trials Act" Introduced In US Senate
Washington, DC: Congressman Richard Durbin (D-IL), along with
co-sponsors Patrick Leahy (D-VT) and Jim Jeffords (I-VT), introduced
legislation this week in the United States Senate seeking to allow medicinal
marijuana patients to raise an affirmative defense of medical necessity in
federal court. The bill, S. 2989, is a companion bill to House Bill 1717,
"the Truth in Trials Act," which was introduced in April 2003 but failed to
receive a hearing in the House of Representatives.
Because federal law defines marijuana as a substance without "accepted
medical use," defendants charged with violating the Controlled Substances
Act may not raise evidence at trial demonstrating that their marijuana use
was either medicinal and/or in compliance with state law. In recent years,
federal drug enforcement agents have taken legal action against
approximately 50 medicinal marijuana patients and providers - primarily in
California, which legalized the possession and use of cannabis by authorized
patients in 1996. Other states that have enacted laws protecting qualified
patients who use marijuana are: Alaska, Colorado, Hawaii, Maine, Maryland,
Montana, Nevada, Oregon, Vermont and Washington.
"Under this legislation, defendants in ... states with medicinal
marijuana laws could be found not guilty of violating federal law if their
actions are done in compliance with state law," Senator Durbin said in a
prepared statement.
Congress is anticipated to adjourn imminently without addressing S.
2989.
Later this month, the Supreme Court will hear oral arguments in a case
(Raich et al. v. Ashcroft et al.) to determine whether the federal
prosecution of patients who possess and cultivate marijuana for their own
personal use in accordance with state law is an unconstitutional exercise of
Congress' Commerce Clause authority.
For more information, please contact Keith Stroup, NORML Executive
Director, at (202) 483-5500.