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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3939 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Trials Act''.

SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF 
              MARIJUANA; SEIZURE OF PROPERTY.

    (a) In General.--Chapter 221 of title 18, United States Code, is 
amended by striking section 3436 and all that follows through the end 
of the chapter and inserting the following:
``Sec. 3436. Affirmative defense for conduct regarding the medical use 
              of marijuana; seizure of property.
    ``(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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 221 of title 18, United States Code, is amended by striking the 
item relating to section 3436 and all that follows through the end of 
the table and inserting the following new item:

``3436. Affirmative defense for conduct regarding the medical use of 
                            marijuana; seizure of property.''.
                                 <all>
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