I 

111TH CONGRESS 

1ST SESSION H. R. 3939 

To amend title 18, United States Code, 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 

OCTOBER 27, 2009 

Mr. FARR (for himself, Mr. PAUL, Mr. COHEN, Mr. ROHRABACHER, Mr. 

FRANK of Massachusetts, Mr. HINCHEY, Mr. KUCINICH, Mr. WAXMAN, 

Mr. MICHAUD, Ms. BALDWIN, Mr. BERMAN, Mrs. CAPPS, Mr. GRIJALVA, 

Mr. POLIS of Colorado, Mr. STARK, Ms. WOOLSEY, Mr. SHERMAN, Mr. 

HONDA, Mr. MCGOVERN, Ms. SCHAKOWSKY, Ms. ESHOO, Ms. BERKLEY, 

Mr. MORAN of Virginia, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, 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, 

3 SECTION 1. SHORT TITLE. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 3939 IH

1 SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE 

2 MEDICAL USE OF MARIJUANA; SEIZURE OF 

3 PROPERTY. 

4 (a) IN GENERAL.—Chapter 221 of title 18, United 

5 States Code, is amended by striking section 3436 and all 

6 that follows through the end of the chapter and inserting 

7 the following: 

8 ‘‘§ 3436. Affirmative defense for conduct regarding 

9 the medical use of marijuana; seizure of 

10 property. 

11 ‘‘(a) Any person facing prosecution or a proceeding 

12 for any marijuana-related offense under any Federal law 

13 shall have the right to introduce evidence demonstrating 

14 that the marijuana-related activities for which the person 

15 stands accused were performed in compliance with State 

16 law regarding the medical use of marijuana, or that the 

17 property which is subject to a proceeding was possessed 

18 in compliance with State law regarding the medical use 

19 of marijuana. 

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

21 or proceeding under any Federal law for marijuana-related 

22 activities, which the proponent must establish by a prepon23 derance of the evidence, that those activities comply with 

24 State law regarding the medical use of marijuana. 

25 ‘‘(2) In a prosecution or a proceeding for a mari26 juana-related offense under any Federal criminal law, 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 3939 IH

1 should a finder of fact determine, based on State law re2 garding the medical use of marijuana, that a defendant’s 

3 marijuana-related activity was performed primarily, but 

4 not exclusively, for medical purposes, the defendant may 

5 be found guilty of an offense only corresponding to the 

6 amount of marijuana determined to be for nonmedical 

7 purposes. 

8 ‘‘(c) Any property seized in connection with a pros9 ecution or proceeding to which this section applies, with 

10 respect to which a person successfully makes a defense 

11 under this section, shall be returned to the owner not later 

12 than 10 days after the court finds the defense is valid, 

13 minus such material necessarily destroyed for testing pur14 poses. 

15 ‘‘(d) Any marijuana seized under any Federal law 

16 shall be retained and not destroyed pending resolution of 

17 any forfeiture claim, if not later than 30 days after seizure 

18 the owner of the property notifies the Attorney General, 

19 or a duly authorized agent of the Attorney General, that 

20 a person with an ownership interest in the property is as21 serting an affirmative defense for the medical use of mari22 juana. 

23 ‘‘(e) No plant may be seized under any Federal law 

24 otherwise permitting such seizure if the plant is being 

25 grown or stored pursuant to a recommendation by a physiVerDate Nov 24 2008 01:51 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3939.IH H3939

jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 3939 IH

1 cian or an order of a State or municipal agency in accord2 ance with State law regarding the medical use of mari3 juana. 

4 ‘‘(f) In this section, the term State includes the Dis5 trict of Columbia, Puerto Rico, and any other territory 

6 or possession of the United States.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 221 of title 18, United States 

9 Code, is amended by striking the item relating to section 

10 3436 and all that follows through the end of the table and 

11 inserting the following new item: 

‘‘3436. Affirmative defense for conduct regarding the medical use of marijuana; 

seizure of property.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS