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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 18, United States Code, to provide an affirm-
ative defense for the medical use of marijuana in accord-
ance with the laws of the various States, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Truth in Trials Act’’. 
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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: 
‘‘§ 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 prepon-
derance 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 mari-
juana-related offense under any Federal criminal law, 
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should a finder of fact determine, based on State law re-
garding 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 pros-
ecution 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 pur-
poses. 
‘‘(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 as-
serting an affirmative defense for the medical use of mari-
juana. 
‘‘(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 physi-
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