Truth In Trials Act, MMJ Protection Bill

[vta]

Lets hope this gets some traction!

Washington, D.C. -- A bipartisan group of House lawmakers introduced a bill this week designed to create enhanced legal protections for valid medical marijuana patients prosecuted due to conflicting state and federal laws regarding the legality of the substance.

Under the Truth In Trials Act, sponsored by California Democratic Rep. Sam Farr and co-sponsored by other representatives such as Barney Frank (D-Mass.) and Ron Paul (R-Texas), state-licensed medical marijuana users would be given the right to provide an "affirmative defense" in the case of a federal prosecution. This effectively allows them to prove that their actions, while illegal at the federal level, were in fact protected under state law.

"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," the bill reads.

The legislation also lays out specific language stating that cannabis plants grown legally under state law may not be seized. Under the legislation, marijuana and other property confiscated in the process of a prosecution must also be maintained -- not destroyed -- and returned to the defendant if they are able to prove it was for a use accepted by the state.

The latest version of the Truth In Trials Act comes as federal crackdowns on dispensaries in medical marijuana states continue to surge. Last week, federal officials targeted one of the nation's largest pot shops. The Associated Press reported:

U.S. Attorney Melinda Haag has threatened to seize the Oakland property where Harborside Health Center has operated since 2006, as well as its sister shop in San Jose, executive director and co-founder Steve DeAngelo said Wednesday. His employees found court papers announcing asset forfeiture proceedings against Harborside's landlords taped to the doors at the two locations on Tuesday.

Read more relevant text from the bill below:

(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.'

By Nick Wing
Source: Huffington Post

 

[TB Gardens]

Wow that's awesome

 

[guest8905]

lets pray it gets somewhere in the house

 

[Ur Humbl Nr8tor]

lets pray it gets somewhere in the house

I'll amen to that and can I raise you a hallelu-jah

Seriously, would be nice. One step at a time.

 

[MadBuddhaAbuser]

Here is a full list of the current co-sponsors. they deserve our thanks. Also, contact YOUR local representative and let them know you want them to support this. Otherwise these things don't go anywhere.



Representative
Sam Farr D-CA

Rep. Justin Amash [R, MI-3]
Added July 17, 2012

Rep. Earl Blumenauer [D, OR-3]
Added July 17, 2012

Rep. Steve Cohen [D, TN-9]
Added July 17, 2012

Rep. Susan Davis [D, CA-53]
Added July 19, 2012

Rep. Diana DeGette [D, CO-1]
Added July 19, 2012

Rep. Barney Frank [D, MA-4]
Added July 17, 2012

Rep. Raul Grijalva [D, AZ-7]
Added July 17, 2012

Rep. Maurice Hinchey [D, NY-22]
Added July 17, 2012

Rep. Barbara Lee [D, CA-9]
Added July 17, 2012

Rep. James McGovern [D, MA-3]
Added July 17, 2012

Rep. George Miller [D, CA-7]
Added July 17, 2012

Rep. James Moran [D, VA-8]
Added July 17, 2012

Rep. Jerrold Nadler [D, NY-8]
Added July 17, 2012

Rep. Ronald Paul [R, TX-14]
Added July 17, 2012

Rep. Jared Polis [D, CO-2]
Added July 17, 2012

Rep. Charles Rangel [D, NY-15]
Added July 17, 2012

Rep. Dana Rohrabacher [R, CA-46]
Added July 17, 2012

Rep. Fortney Stark [D, CA-13]
Added July 17, 2012

Rep. Henry Waxman [D, CA-30]
Added July 17, 2012

Rep. Lynn Woolsey [D, CA-6]
Added July 17, 2012

 

[Hammerhead]

This is for all med states correct ?

 

[headband 707]

I am so surprised that they got away with what they got away with. If the whole idea was to push it through the courts then so be it, it's been pushed through where it should have been but in the meantime they have broken the law by going after sick legal medical card holders and clubs . Of all the ppl they could have gone after this was a real waste of tax payers money and ppl's time. They wonder why ppl don't trust them they really shouldn't.. headband 707

 

[MadBuddhaAbuser]

This is for all med states correct ?

Yes, it would allow any person being tried federally who lives in a med state to enter the medical defense.

 

[Skip]

They should've added "Religious" uses as well. The Feds haven't allowed the religious defense at all. Eddy Lepp is still serving 10 years in a Federal Pen because his religious use was not allowed to be presented in court.

 

[terminalc]

Wouldn't that be nice

 

[KT420]

bringin' down that wall one stone at a time...

What ever happened with H.R. 2306: Ending Federal Marijuana Prohibition Act of 2011? Was it too big of a bite to chew on?

 

[SeaMaiden]

This is for all med states correct ?

Yes, it would allow any person being tried federally who lives in a med state to enter the medical defense.

We need this, but still need more. I woke up to find this message on my facebook.

We lost our 995 motion the Judge used a civil case to deny our motion. It was heartbreaking. I do uderstand our so called justice system. Our hope is now that we have a jury that hears the case not what the DA is proposing.

He proposes that we cannot use Medial Marijuana defense and that is crazy how could they not let us tell the truth. This going to increase our expenses greatly so any help in any way would be kind. We need people to come to court and we need donations to save the sisters defense fund. Our trial dates are Sept 5,6,7, and then the next week again on Wed- Fri. Thank you for all who have contributed in any way we appreciate and love you.

Just south of me in Tuolomne County, a group of people, including a hospice nurse, who were just trying to do right and do IT right.

 

[Mt Toaker]

Patient protection at the federal level is far overdue. Unfortunately states like Michigan have so many disputes about what the law says is and isnt legal I think they would just make up some stupid shit like they do now, twisting the law into their favor. Shit, around here the 3g raid you and dont charge you witb anything, just steal your shit and laugh about it.

 

[Catfish Billy]

I hope this is good news and passes through halfway intact...

 

[paper thorn]

I hope this is good news and passes through halfway intact...

It won't, unless we and the people we know start calling, emailing, sending telegrams, etc to our congressmen.

Call your representative and tell him that you want him to support HR 6134, the Truth In Trials Act.

After all, the fact that you are a Medical Marijuana patient should be allowed to be known to the jury in a case where the patient is charged with a marijuana 'crime.' Just to be allowed to tell the truth.

 

[Weird]

while is a move in the right direction there is a serious flaw

it is not preemptive in its nature but it is a additional defense mechanism for someone already in the system

for a terminally ill patient of little means it offers little in the way of freedom relative to quality and length of life