The Truth In Trials Act

[Jim Finnel]

We are excited to announce new legislation in Congress that would protect many medical marijuana patients and providers from federal prosecution.

One in four Americans now lives in a state with laws governing medical marijuana. Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges.

Today, Congressman Sam Farr introduced the "Truth in Trials" Act, H. R. 3939. This bill would enable law-abiding citizens facing federal marijuana related charges to introduce evidence at trial showing that they were in compliance with state law.

"Truth in Trials" needs a lot of support in the US House of Representatives if it is to succeed.

Please e-mail your member of Congress right now. Ask him or her to cosponsor this important legislation.

Click here:

ASA:Online Action Center

Thanks!

Sanjeev Bery
National Field Director
Americans for Safe Access

 

[Weed420]

Looks like a good bill. Hope it passes. What would really make it nice is if they made it retroactive.

 

[DVSmofo]

done, everyone should get on this. its simple and set up for you in advance. just fill out a little bit of info and your letter is sent to the appropriate member of congress.

 

[Jim Finnel]

Organizational Endorsements

The Honorable Bobby Scott, Chairman
The Honorable Louie Gohmert, Ranking Member
Members, Subcommittee on Crime, Terrorism, and Homeland Security
U.S. House of Representatives Committee on the Judiciary
B-370 Rayburn House Office Building
Washington, DC 20515
Re: Letter in Support of the Truth in Trials Act, H.R. XXXX

Dear Chairman Scott, Ranking Member Gohmert, and Members of the Subcommittee:

We, the undersigned organizations, strongly support the "Truth in Trials" Act of 2009, H.R. XXXX, introduced in the House by U.S. Representative Sam Farr, (D-CA). This important legislation amends the U.S. Code to establish an affirmative defense for those individuals authorized to use or provide medical marijuana in accordance with their state law. The "Truth in Trials" Act is about fundamental fairness in our courts and seeks to balance the scales of justice.

Despite the adoption of medical marijuana laws in thirteen states, which represent the will of nearly 75 million Americans, individuals in these states are still vulnerable to arrest and prosecution under existing federal law. To make matters worse, federal defendants are prevented from introducing evidence of medical use or state law compliance in order to exonerate themselves at trial. Due to the U.S. Supreme Court decision in Gonzales v. Raich, federal prosecutors have the discretion to exclude evidence of medical use and state law compliance, and U.S. Attorneys have exercised that discretion in every case they have taken to trial.

The fallout from this lack of an affirmative defense is quite severe. In the past few years, dozens of people have been convicted in federal court and sentenced to lengthy prison terms of between 5-20 years for activity that was lawful under their state's medical marijuana law. Furthermore, there are currently at least two dozen pending federal cases in which defendants are unable to mount an adequate defense, underscoring the urgent need for this legislation.

Unfortunately, the recently issued DOJ guidelines do not direct U.S. Attorneys to permit evidence at trial that might exonerate defendants in medical marijuana cases. The "Truth in Trials" Act is a common sense and compassionate approach that would ensure that defendants have the ability to defend themselves and present evidence that may demonstrate compliance with state law. In this way, the "Truth in Trials" Act is a logical and necessary legislative complement to the Obama Administration's new medical marijuana policy guidelines.

The "Truth in Trials" Act does not seek to legalize the use of marijuana, nor would it affect the enforcement of the federal Controlled Substances Act. In fact, the "Truth in Trials" Act strengthens existing law by providing for criminal penalties if the defendant's activity is found to be outside of compliance with state law.

We strongly support the "Truth in Trials" Act, which would restore due process and fundamental fairness for individuals facing federal prosecution in matters that concern the limited, medical use of marijuana. We urge you and the other members of Congress to support and pass H.R. XXXX.

Sincerely,

AMERICANS FOR SAFE ACCESS
Washington, DC

AIDS ACTION COUNCIL
Washington, DC

THE AIDS INSTITUTE
Washington, DC & Tampa, FL

NATIONAL ASSOCIATION of PEOPLE WITH AIDS
Washington, DC

NATIONAL MINORITY AIDS COUNCIL
Washington, DC

ASSOCIATION OF NURSES in AIDS CARE
Akron, OH

CENTER for REGULATORY EFFECTIVENESS
Washington, DC

PATIENTS OUT of TIME
Howardsville, VA

AIDS PROJECT LOS ANGELES
Los Angeles, CA

AMERICAN ALLIANCE for MEDICAL CANNABIS
Arch Cape, OR

AMERICAN CANNABIS EDUCATION & SOLUTIONS
Perris, CA

CASCADE AIDS PROJECT
Portland, OR

FOUNDATION for CONSTITUTIONAL PROTECTION
Austin, TX

ASA-FRESNO
Fresno, CA

GREATER LOS ANGELES COLLECTIVE ALLIANCE
Los Angeles, CA

ABRAHAM L. HALPERN, M.D.
Mamaroneck, NY

HIVICTORIOUS, INC.
Madison, WI

HUMBOLT COUNTY - ASA
Eureka, CA

IOWANS for MEDICAL MARIJUANA
Des Moines, IA

LOS ANGELES PATIENTS AND CAREGIVERS FOUNDATION
Los Angeles, CA

MEDICAL CANNABIS CONSULTANTS of NEVADA
Las Vegas, NV

MEDICAL CANNABIS JOURNAL
Lake Elsinore, CA

OHIO PATIENT NETWORK
Columbus, OH

OLYMPIA PATIENT RESOURCE CENTER
Olympia, WA

ORANGE COUNTY - ASA
Huntington Beach, CA

OREGON GREEN FREE
Portland, OR & statewide chapters

PATIENT ID CENTER
Los Angeles, CA

ASA - SAN DIEGO
San Diego, CA

SAN FRANCISCO - ASA
San Francisco, CA

SHELTER FROM the STORM
Windsor,

SONOMA COUNTY - ASA
Santa Rosa, CA

SOUTH DAKOTA COALITION for COMPASSION
Sioux Falls, SD

THCF MEDICAL CLINIC and PATIENT CENTER
Riverside, C A

US VIRGIN ISLANDS - ASA
St. Croix, US Virgin Islands

VOTER POWER
Portland, Eugene and Medford, OR

The Honorable Bobby Scott, Chairman
The Honorable Louie Gohmert, Ranking Member
Members, Subcommittee on Crime, Terrorism, and Homeland Security
U.S. House of Representatives Committee on the Judiciary
B-370 Rayburn House Office Building
Washington, DC 20515
Re: Letter in Support of the Truth in Trials Act, H.R. XXXX

Dear Chairman Scott, Ranking Member Gohmert, and Members of the Subcommittee:

We, the undersigned organizations, strongly support the "Truth in Trials" Act of 2009, H.R. XXXX, introduced in the House by U.S. Representative Sam Farr, (D-CA). This important legislation amends the U.S. Code to establish an affirmative defense for those individuals authorized to use or provide medical marijuana in accordance with their state law. The "Truth in Trials" Act is about fundamental fairness in our courts and seeks to balance the scales of justice.

Despite the adoption of medical marijuana laws in thirteen states, which represent the will of nearly 75 million Americans, individuals in these states are still vulnerable to arrest and prosecution under existing federal law. To make matters worse, federal defendants are prevented from introducing evidence of medical use or state law compliance in order to exonerate themselves at trial. Due to the U.S. Supreme Court decision in Gonzales v. Raich, federal prosecutors have the discretion to exclude evidence of medical use and state law compliance, and U.S. Attorneys have exercised that discretion in every case they have taken to trial.

The fallout from this lack of an affirmative defense is quite severe. In the past few years, dozens of people have been convicted in federal court and sentenced to lengthy prison terms of between 5-20 years for activity that was lawful under their state's medical marijuana law. Furthermore, there are currently at least two dozen pending federal cases in which defendants are unable to mount an adequate defense, underscoring the urgent need for this legislation.

Unfortunately, the recently issued DOJ guidelines do not direct U.S. Attorneys to permit evidence at trial that might exonerate defendants in medical marijuana cases. The "Truth in Trials" Act is a common sense and compassionate approach that would ensure that defendants have the ability to defend themselves and present evidence that may demonstrate compliance with state law. In this way, the "Truth in Trials" Act is a logical and necessary legislative complement to the Obama Administration's new medical marijuana policy guidelines.

The "Truth in Trials" Act does not seek to legalize the use of marijuana, nor would it affect the enforcement of the federal Controlled Substances Act. In fact, the "Truth in Trials" Act strengthens existing law by providing for criminal penalties if the defendant's activity is found to be outside of compliance with state law.

We strongly support the "Truth in Trials" Act, which would restore due process and fundamental fairness for individuals facing federal prosecution in matters that concern the limited, medical use of marijuana. We urge you and the other members of Congress to support and pass H.R. XXXX.

Sincerely,

DRUG POLICY ALLIANCE
New York, NY

NORML
Washington, DC

STUDENTS FOR SENSIBLE DRUG POLICY
Washington, DC

IDPI - INTERFAITH DRUG POLICY INITIATIVE
Washington, DC

NOVEMBER COALITION
Colville, WA

CALIFORNIA NORML
San Francisco, CA

CANNABIS CONSUMERS CAMPAIGN
El Cerrito, CA

CONEXTIONS, Inc.
Jersey City, NJ

DRUG POLICY FORUM of HAWAII
Honolulu, HI

DRUG SENSE/MEDIA AWARENESS PROJECT
Irvine, CA

FAMILY COUNCIL on DRUG AWARENESS
El Cerrito, CA

HUMAN RIGHTS and the DRUG WAR
El Cerrito, CA

MARIJUANA ANTI-PROHIBITION PROJECT
Palm Springs, CA

NEW YORK - NORML
New York, NY

ORANGE COUNTY- NORML
Huntington Beach, CA

SAFER - SAFER ALTERNATIVE for ENJOYABLE RECREATION
Denver, CO

SENSIBLE COLORADO
Denver, CO

SOUTHERN OREGON NORML (SONORML)
Medford, OR

VIRGINIANS AGAINST DRUG VIOLENCE
Crewe, VA


Source: ASA : Organizational Endorsements

 

[Weed420]

It would atleast be a good start where people in federal court would be allowed to use the medical neccesity defense, which will help compassionate jurors to help make up there mind.