[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 710 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 710
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
February 14, 2013
Mr. Farr (for himself, Mr. Rohrabacher, Mr. Blumenauer, Mr. Cohen, Mr.
Grijalva, Ms. Lee of California, Mr. Moran, Ms. Pingree of Maine, Mr.
Polis, and Mr. Waxman) 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.''.
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