Congressman Sam Farr (D-Calif.) introduced the Truth In Trials Act of 2009 today (H.R. 3939), a bill that would give medical marijuana patients and providers the ability to argue in federal court that their actions were legal under state law.
Currently, a federal judge cannot consider state-level legality during a medical marijuana case. For example, Charles Lynch, a California resident who was on trial for operating a medical marijuana clinic that by all accounts operated in compliance with state law, was unable to defend himself by citing California’s medical marijuana law. And consequently, Lynch received a year-long jail sentence. He's just one of more than 100 people who were prosecuted under federal law during the Bush administration while being denied the right to defend themselves adequately in court.
The Truth In Trials Act would provide an affirmative defense for medical marijuana patients operating within the bounds of state law. If passed, it will protect patients and providers from disgraceful prosecutions in federal court.
While the Truth In Trials Act represents only a small step in the fight for substantive, national medical marijuana reforms, it will bring a fundamental fairness to federal medical marijuana trials. Please write your member of Congress and ask him or her to co-sponsor this bill. At MPP’s online action center, writing Congress is quick and easy.