I 

108TH CONGRESS 

1ST SESSION H. R. 1717

To amend the Controlled Substances Act to provide an affirmative defense 

for the medical use of marijuana in accordance with the laws of the 

various States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. FARR (for himself, Mr. ROHRABACHER, Ms. WOOLSEY, Mr. FRANK of 

Massachusetts, Ms. LEE, Mr. HONDA, Mr. MCDERMOTT, Mr. CASE, Mr. 

SANDERS, Mr. GEORGE MILLER of California, Mr. WAXMAN, Mr. BERMAN, Mr. LANTOS, Mr. WEXLER, Mrs. TAUSCHER, Mr. HINCHEY, Mr. 

STARK, Mr. DEFAZIO, Ms. SCHAKOWSKY, Mr. PAUL, Mrs. CAPPS, Mr. 

NADLER, Ms. ESHOO, Ms. LINDA T. SA ́NCHEZ of California, Ms. ROYBAL-ALLARD, Ms. WATSON, Mr. FILNER, and Mr. SCHIFF) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committee on Energy and Commerce, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

To amend the Controlled Substances Act to provide an affirmative defense for the medical use of marijuana in 

accordance with the laws of the various States, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Truth in Trials Act’’. 

3 SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE 

4 MEDICAL USE OF MARIJUANA; SEIZURE OF 

5 PROPERTY. 

6 The Controlled Substances Act (21 U.S.C. 801 et 

7 seq.) is amended by inserting after section 423 the fol8 lowing: 

9 ‘‘AFFIRMATIVE DEFENSE FOR CONDUCT REGARDING THE

10 MEDICAL USE OF MARIJUANA

11 ‘‘Sec. 424. (a) Any person facing prosecution or a 

12 proceeding for any marijuana-related offense under this 

13 title shall have the right to introduce evidence dem14 onstrating that the marijuana-related activities for which 

15 the person stands accused were performed in compliance 

16 with State law regarding the medical use of marijuana, 

17 or that the property which is subject to a proceeding was 

18 possessed in compliance with State law regarding the med19 ical use of marijuana. 

20 ‘‘(b)(1) It is an affirmative defense, to a prosecution 

21 or proceeding under this title for marijuana-related activi22 ties, if the proponent establishes by a preponderance of 

23 the evidence, that such activities comply with State law 

24 regarding the medical use of marijuana. 

25 ‘‘(2) In a prosecution or a proceeding under this title, 

26 should a finder of fact determine, based on State law re-
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1 garding the medical use of marijuana, that a defendant’s 

2 marijuana-related activity was performed primarily, but 

3 not exclusively, for medical purposes, the defendant may 

4 be found guilty of a lesser offense under this title cor5 responding to the amount of marijuana determined to be 

6 for nonmedical purposes. 

7 ‘‘(c) Any property seized in connection with a pros8 ecution or proceeding under this title, with respect to 

9 which a person successfully makes a defense under this 

10 section, shall be returned to the owner promptly, minus 

11 such material necessarily destroyed for testing purposes.’’. 

12 SEC. 3. SEIZURE AND CUSTODY OF MARIJUANA IN CASES 

13 INVOLVING POSSIBLE MEDICAL USE. 

14 (a) LIMITATION ON AUTHORITY FOR SEIZURE.—Sec15 tion 511(g)(2) of the Controlled Substances Act (21 

16 U.S.C. 881(g)(2)) is amended by inserting ‘‘or either a 

17 recommendation by a physician or an order of a State or 

18 municipal agency in accordance with State law regarding 

19 the medical use of marijuana’’ after ‘‘appropriate registra20 tion,’’. 

21 (b) RETENTION OF CERTAIN SEIZED PLANTS.—Sec22 tion 511(g)(3) of the Controlled Substances Act (21 

23 U.S.C. 881(g)(3)) is amended by adding at the end the 

24 following: ‘‘Any marijuana seized shall be retained and not 

25 destroyed pending resolution of the forfeiture claim, if not 
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1 later than 30 days after seizure the owner of the property 

2 notifies the Attorney General, or his duly authorized 

3 agent, that a person with an ownership interest in the 

4 property is asserting an affirmative defense for the med5 ical use of marijuana. If the possession of such marijuana 

6 is found to have been in compliance with State law pursu7 ant to section 424, it shall be returned not later than 10 

8 days after such finding.’’.

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