109th CONGRESS
1st Session
H. R. 4272
To amend the Controlled Substances Act 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
November 9, 2005
Mr. FARR (for himself, Mr. ROHRABACHER, Ms. WOOLSEY, Mr. FRANK of Massachusetts,
Mr. CONYERS, Mr. HINCHEY, Ms. BALDWIN, Mr. MCDERMOTT, Mr. CASE, and Mr.
KUCINICH) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To amend the Controlled Substances Act 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 `Steve McWilliams Truth in Trials Act'.
SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF MARIJUANA;
SEIZURE OF PROPERTY.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting
after section 423 the following:
`AFFIRMATIVE DEFENSE FOR CONDUCT REGARDING THE MEDICAL USE OF MARIJUANA
`SEC. 424. (a) Any person facing prosecution or a proceeding for any marijuana-related
offense under this title 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
this title for marijuana-related activities, if the proponent establishes
by a preponderance of the evidence, that such activities comply with State
law regarding the medical use of marijuana.
`(2) In a prosecution or a proceeding under this title, 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 a lesser offense under this title corresponding to the amount of marijuana
determined to be for nonmedical purposes.
`(c) Any property seized in connection with a prosecution or proceeding
under this title, with respect to which a person successfully makes a defense
under this section, shall be returned to the owner promptly, minus such
material necessarily destroyed for testing purposes.'.
SEC. 3. SEIZURE AND CUSTODY OF MARIJUANA IN CASES INVOLVING POSSIBLE MEDICAL
USE.
(a) Limitation on Authority for Seizure- Section 511(g)(2) of the Controlled
Substances Act (21 U.S.C. 881(g)(2)) is amended by inserting `or either
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' after
`appropriate registration,'.
(b) Retention of Certain Seized Plants- Section 511(g)(3) of the Controlled
Substances Act (21 U.S.C. 881(g)(3)) is amended by adding at the end the
following: `Any marijuana seized shall be retained and not destroyed pending
resolution of the forfeiture claim, if not later than 30 days after seizure
the owner of the property notifies the Attorney General, or his duly authorized
agent, that a person with an ownership interest in the property is asserting
an affirmative defense for the medical use of marijuana. If the possession
of such marijuana is found to have been in compliance with State law pursuant
to section 424, it shall be returned not later than 10 days after such finding.'.
END
