[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2989 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2989
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 SENATE OF THE UNITED STATES
November 17, 2004
Mr. Durbin (for himself, Mr. Leahy, and Mr. Jeffords) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
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 ``Truth in Trials Act''.
SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF
MARIJUANA.
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) Permissible Evidence.--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) Defense.--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.''.
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